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Full text of "Life, army record, and public services of D. Howard Smith"

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LIFE, ARMY RECORD, 



AND 



PUBLIC SERVICES 



OF 



D. Howard Smith. 



BY 



SYDNEY K. SMITH. 



'What shall I do lest life in silence pass ? And if it do, 
And never prompt the bray of noisy brass, what need'st thou rue ? 
Remember, aye, the ocean deeps are mute ; the shallows roar : 
Worth is the ocean — fame is but the bruit along the shore." 

'What shall I do to be forever known ? Thy duty ever 
Thus did full many who yet slept unknown. Oh, never, never ! 
Think'st thou perchance that they remain unknown whom thou know'st not ? 
By angel trumps in heaven their praise is blown — Divine their lot." 

— [Schiller. 



LOUISVILLE, KY. 
THE BRADLEY & GILBERT COMPANY. 

189O. 






Entered according to act of Congress, in the year 1890, by 

Mrs. JOSEPHINE L. SMITH, 

In the office of the Librarian of Congress, at Washington, D. C, 



TO 

HIS MOST FAITHFUL FRIEND — 

THE NOBLE WOMAN HE LOVED SO WELL, 

AND 

FHE SURVIVORS OF THE BRAVE MEN WHO SHARED WITH 

HIM THE HARDSHIPS OF THE MARCH 

AND THE PERILS OF THE 

BATTLE FIELD, 

THIS WORK IS GRATEFULLY INSCRIBED. 



Restricted Am 




PREFACE. 



In offering this little volume to the public, I have no 
apology to make. It is simply the faithful, impartial, and 
truthful record of an unselfish, noble life of devotion to 
duty — the best heritage any man can leave to those he 
loves — by one very near to the deceased, who knew him 
and his life-work best. 

Its only object has been to do full justice to his mem- 
ory and that of the brave men who served under him in 
the late war between the States, which others who had 
written somewhat of his life and career had not done. 

That portion of it which relates to his war record has 
been prepared from notes of his own — taken at the time 
of the occurrences narrated— of facts which came within 
his own personal observation, and from other well-authenti- 
cated sources, both Federal and Confederate, which bear 
the stamp of truth and lend it additional value. 

The one regret of the author is that he has not been 
able to make this portion of the work more complete, so 
as to embrace every instance reported of personal daring 
and heroism, on the part of officers and men, deserving of 
special mention. To mention all would be an almost end- 
less task and require a volume by itself, so common were 
such instances among Morgan's men, who knew no fear 
and were ever ready to follow wherever their daring and 
brilliant chieftain and his able lieutenants led. 

SYDNEY K. SMITH. 



TABLE OF CONTENTS. 



CHAPTER I. 

Page. 
His Parentage and Character 9~ I 9 

CHAPTER II. 

His Education— Marriage— Entry into the Law and Politics 20-33 

CHAPTER III. 

His Views at the Beginning of the War — Raises a Regiment and 
Joins the Confederate Army — Assigned to Buford's Brigade — 
Transferred to General John H. Morgan's Command — Fights 
at Milton and Snow's Hill — Battle of Greasy Creek 34~55 

CHAPTER IV. 

Indiana and Ohio Raid — Battles of Green River Bridge and Leba- 
non — March Through Indiana and Ohio— Defeat and Capture 
at Buffington Island — Surrender of General Morgan 56 80 

CHAPTER V. 

His Confinement at Johnson's Island and in the Ohio State Prison — 
Barbarous Treatment of the Prisoners — His Removal to Camp 
Chase on "Limited Parole" — His Special Exchange and Re- 
turn to the Confederacy 81-92 

CHAPTER VI. 

Escape and Return of General Morgan to the Confederacy— Assigned 
to Command of Department of Southwestern Virginia and East 
Tennessee — Reorganization of His Command — Defeat of Av- 
erill — Battle of Cloyd's Farm — Last Raid into Kentucky 93~ I2 3 

CHAPTER VII. 

Death of General Morgan — Colonel Smith Goes to Kentucky Under 

a Flag of Truce— End of His Military Career 124-154 



, 



CHAPTER VIII. 



Page. 



The Surrender and His Return Home — He Resumes the Practice of 
Law — His Candidacy for the Clerkship of the Court of Appeals — 
Elected State Auditor for Three Terms — Opinion in Cochran vs. 
Jones — Appointed Railroad Commissioner — His Retirement and 
Death 155-165 



APPENDIX. 

Captain George W. Hunt's Reply to Ferris 167-181 

Colonel D. Howard Smith's Reply to Ferris 182-185 

Colonel John B. Brownlow's Letter to Colonel Smith 185-190 

Incomplete Roll of Fifth Kentucky Cavalry, C. S. A 191-198 

Dissenting Opinion in Cochran vs. Jones 199-208 

Memorial Resolutions Adopted by the " Kentucky Society of the Sons 

of the American Revolution " 208-210 

Memorial Resolutions Adopted by the General Assembly of Ken- 
tucky, Session 1889-90 211 



Life of D. Howard Smith. 



CHAPTER I. 

HIS PARENTAGE AND CHARACTER. 

Nature's greatest poet has well and truly said, "to be 
honest, as this world goes, is to be one man picked out of 
ten thousand," and another, not less known to fame, has 
said, with equal truth, "An honest man's the noblest work 
of God." 

In this day of official dishonesty and successful medioc- 
rity — in the mad whirl of this modern life, when men are 
spending all the energies of body, of mind, and of soul in the 
pursuit of pelf and power, and too often without regard to the 
means of attainment, it is, indeed, refreshing, and makes one 
think better of his race and more hopeful of the future, to 
find here and there a grand character, which, uninfluenced by 
the evil genius of the times, can rise above this moral miasma 
and pass unpolluted and unscathed through the consuming 
fires of avarice and unholy ambition raging all around and 
about us, eating, like a great moral cancer, at the consciences 
and souls of men and sapping the strength and destroying 
the life of society, on which, more than on the mere achieve- 
ments of intellect, rests its well-being, stability, and perma- 
nency. 

Such a man and such a character was him of whose life 
and deeds it is our privilege, as well as pleasing duty, to 
write, that all who read may learn and say, "This was a 
man." 

2 



IO D. HOWARD SMITH. 



With some men "honesty is the best policy ;" with others 
it is largely, if not entirely, the result of education ; but with 
him it was as natural to be honest as it was to eat or to sleep. 
His conceptions of right were too clear to so far misappre- 
hend the meaning of the great philosopher as to confound 
honesty with policy. He was honest because it is right to be 
honest and because it met the approval of his ozvn conscience. 

Dabney Howard Smith was born near Georgetown, Scott 
County, Kentucky, November 24, 1821, and died at Louis- 
ville, Kentucky, July 15, 1889. He was, therefore, at the 
time of his death, in his sixty-eighth year, at a time of life 
when most men have passed the sphere of usefulness. But 
not so with him. He died as he had lived — with the harness 
on, fighting bravely to the last the battle of life, in the hum- 
bler, but not less important and honorable sphere of private 
life, for family, the mother of the State, for those nearest to 
him both by blood and affection, and to whom, before God, 
he had pledged and consecrated his life. 

"Nothing in his life so became him as the leaving of it." 
His last act was to grasp in affectionate farewell the hand of 
the noble woman at his side, who, through all the years of 
that eventful life, had been his constant companion and most 
faithful friend, and to whom, above all others, he was most 
indebted for his success in life. 

He was ever the same true man in all the varied relations 
of life. That largeness of heart, generosity and magnanimity 
of nature, and true nobility of soul which, together with his 
high sense of right and duty, made him a kind, affectionate, 
and faithful husband and father and true friend, and attracted 
to him all who came in contact with him, followed him into 
official life and made him an honest, faithful, and efficient 
public servant, as well as one of the most popular men in the 
State. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. II 

An ardent admirer and follower of Mr. Clay, he early 
caught and imbibed the spirit of that sublime and immortal 
declaration of the great Commoner, ' ' / would father be right 
than President" which left its impress upon his whole life and 
doubtless did much toward moulding into shape his well- 
rounded character. 

Whilst not especially gifted, as were some of his contem- 
poraries, with superior oratorical powers, he had a clear, 
strong, logical, well-disciplined mind and superior judgment, 
was a ready and able debater and well informed on all public 
questions, which made him an interesting speaker and valu- 
able man in the councils of his party. 

His greatest faults, if, indeed, they may be called such, 
were his instinctive modesty and supreme unselfishness — the 
almost invariable attendants of great virtues and real merit, 
which too often caused him to make sacrifices of self on the 
altars of friendship, of party, and of country. Had he been 
less so, and more ambitious, there was no place, it is believed, 
within the gift of his people, to which he might not have at- 
tained and filled with credit and honor. 

It has been said, "the boy is father to the man." In no 
case has the truth of this maxim been more happily illus- 
trated than in his. Descended from a sturdy, noble stock 
of people on both sides of the house, he inherited and early 
exhibited those sterling qualities of heart and head which 
characterized him throughout life and drew around him a host 
of friends and admirers. 

He was the youngest of seven brothers, all of whom are 
dead except Sidney Rodes Smith, of Lexington, now in his 
eighty- fifth year, a man of excellent sense and fine character, 
who, in his younger days, was one of the most successful and 
prominent merchants of Louisville. 

From his boyhood he was called by his middle name — 



12 D. HOWARD SMITH. 



"Howard" — and for this reason always signed his name 
"D. Howard." Thus, as well as owing to his great per- 
sonal popularity, he became known all over the State by 
the familiar name of " Howard Smith. " 

The given names, Dabney and Hozvard, are the names of 
two representative Virginia families, the former belonging to 
his mother's and the latter to his father's side of the house. 

His father was Nelson Smith, a native of Louisa County, 
Virginia, who emigrated to Kentucky with his father, William 
Smith, in the year 1783, and settled at Bryant's Station, near 
Lexington, in Fayette County. They were both sturdy men, 
of great purity of character, and lived and died enjoying the 
confidence and esteem of all who knew them. 

His mother's name was Sarah Kerr, sometimes spelled 
and pronounced Carr, a model Christian woman of superior 
intelligence and great strength of character, who, after rear- 
ing a large family — seven sons and three daughters — lived to 
a ripe old age. 

She was the daughter of Captain David Kerr, a native of 
Albemarle County, Virginia, who served honorably in the 
war of the Revolution, and after its close, between 1785 and 
1790, emigrated to Kentucky and settled in Scott County. 
He was the son of James Kerr, a Scotch Presbyterian of 
strong character. 

His grandmother, on his mother's side, was Dorothy 
Rodes, sometimes spelled Rhodes, a daughter of Clifton 
Rodes, one of the earliest and most prominent settlers of 
Fayette County. 

From these families and their parent stems have sprung 
some of the most distinguished families of Virginia and 
Kentucky: the Rodes (Rhodes), Dabneys, Maurys, How- 
ards, and Kerrs (Carrs), of Virginia; and the Estills, Dud- 
leys, Bullocks, Hunts, Thomsons, Vileys, and others, of 






LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 3 

Kentucky. Some of the latter intermarried with the Breck- 
inridges, Johnstons, and Johnsons, thus forming one of the 
largest, if not the largest, most influential, and powerful 
family connections in the State. Among this number some 
have acquired great distinction in their time. 

Of those dead, related to him by blood, may be mentioned 
William H. Crawford, of Georgia, one of the most distin- 
guished statesmen of his day, who came within a few votes 
of being President of the United States ; Matthew F. Maury, 
of Virginia, the author of the " Physical Geography of the 
Sea" and other scientific works, and among the first scien- 
tific men of modern times ; Dr. Nathan L. Rice, the eminent 
Presbyterian divine; General Rhodes, " Stonewall 1 ' Jack- 
son's ablest lieutenant, who, after the death of that great 
soldier at Chancellorsville, succeeded to his command, and, 
with a single division, defeated the right wing of Hooker's 
army and was afterward killed at the battle of Winchester, 
Virginia, in 1864, while gallantly leading his men to vic- 
tory. * 

Of those living, related by blood, the most distinguished, 
perhaps, is General Gustavus W. Smith, now of New York, 
a graduate of West Point, who served in the Mexican War 
with Lee, Grant, and Albert Sidney Johnston, and in the late 
war between the States, but who, owing to a rupture with 
Mr. Davis, was never able to attain that position to which 
his military training and talents entitled him. As an evi- 
dence of this, and of the high esteem in which he was held 
by those competent to judge, when General Joseph E. John- 
ston, the commander of the Confederate Army of Northern 
Virginia, was severely wounded at the battle of Seven Pines 
and forced to quit the field, General Smith, who commanded 
the left wing of his army, succeeded to the command over 

*Dabney's Life of Jackson, 699. 



14 D. HOWARD SMITH. 



such men as Longstreet and the two Hills, and remained in 
command until displaced by General Robert E. Lee, by order 
of President Davis.* 

Had not Mr. Davis appointed as successor to General 
Smith such a man as General Lee, it might have proven 
disastrous to the Confederate arms, for General Smith had 
displayed his abilities as a commander, and McClellan, stung 
by defeat, though too proud to admit it, was massing a great 
army for a second onslaught. 

Notwithstanding he had shown his eminent fitness as a 
commander, General Smith received no substantial recogni- 
tion of his services, and was afterwards transferred, by the 
order of Mr. Davis, to an unimportant command in North 
Carolina, and subsequently to Georgia, where he had no 
opportunity afterwards to display his powers. 

Others of his relatives living might be mentioned, of 
scarcely less note, but we are not writing a biography of 
distinguished relatives. 

Whilst no man understood better than he did the value of 
good blood in the make-up of men, and none could boast of 
better, he was a firm believer in merit, and never relied for 
success in what he undertook on any other powers than faith 
in God and his ozvn strong right arm. 

No worthy young man, however humble, seeking to im- 
prove his condition in life, who went to him for counsel or 
advice, was ever turned away without some word of cheer 
and comfort. 

No social or other barrier ever interposed between him 
and the call of duty. That, to him, was an inexorable law 
whose summons he always obeyed, whether that call was to 
the service of neighbor, of friends, of family, of country, or 



i: " Johnston's Narrative, 131-140. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 5 

of God — to the humble cottage of the poor and lowly or to 
the palace of the rich and great. 

Everywhere and under all circumstances, whether among 
rich or poor, princes or peasants, he was the same kind, 
genial, courtly gentleman and true man, knowing no dis- 
tinctions, in his treatment of men, save those which God 
Almighty himself had made. 

Few men in the State, if any, enjoyed so large a circle 
of acquaintances as he did, and his friends were numbered 
among some of the first men of the nation of all political 
parties. Among others were General John A. Logan and 
the Hon. James G. Blaine. 

His acquaintance with Mr. Blaine began when that gentle- 
man was a young man teaching school at Georgetown, and 
soon ripened into a warm friendship, lasting through life. 

When the late civil war ended and he returned home from 
the Confederate Army, disfranchised and having lost every 
thing but his honor, Mr. Blaine was among the first to come 
forward and lend him a helping hand by exerting his influence 
with his party, which was great at that time, in securing 
a removal of his political disabilities, which act of kindness 
on Mr. Blaine's part he ever gratefully remembered. The 
day only before his death, referring to his meeting with Mr. 
Blaine after the war, he is reported as saying, in the presence 
of several friends gathered in social intercourse : "I had been 
elected Auditor of Kentucky, but my political disabilities had 
not been removed, and this had to be done before I could 
take charge of my office. I went to Washington for that 
purpose, and the next day visited the House of Representa- 
tives. Mr. Blaine then wielded a commanding influence in 
Congress, and I meditated asking him to assist me in the 
removal of my disabilities. I was in doubt about the mat- 
ter, though, as he had, perhaps, forgotten me. Finally I 



l6 D. HOWARD SMITH. 



decided to call upon him. I went on the floor of the House, 
where I had some friends, and after I had taken my seat Mr. 
Blaine came along. He caught sight of me when a few feet 
away and recognized me in a moment, although he had not 
seen me in a great many years. Instantly disengaging him- 
self from his friends he ran up to me, and, with tears in his 
eyes, put one arm around my neck and warmly clasped my 
hand in his. Calling me his dear old friend, with a voice full 
of feeling, he asked how I was, what I was doing there, and 
if he could be of any service to me. I was very much affected 
by this hearty greeting, as I had no claim in the world on Mr. 
Blaine and no reason to expect that he would hold me in such 
warm recollection. I told him what I wanted. He said he 
would attend to the matter and he was as good as his word, 
for in a very short time my disabilities were removed. I am 
a thorough Democrat, but a sincere admirer of Mr. Blaine, 
for he was a true friend to me."* 

But whilst Mr. Blaine did more, perhaps, than any one 
else in securing the removal of his disabilities, because of his 
position and great influence with his party at that time, there 
were others of his political opponents who rendered him great 
assistance, notably, Colonel A. G. Hodges, of Frankfort, the 
venerable editor of the old ''Commonwealth" paper, and 
General John W. Finnell, of Covington, since deceased, both 
staunch Republicans, excellent men, and at that time leaders 
of their party in the State. These gentlemen, in addition to 
other services rendered him, wrote the following letters in his 
behalf: 

*The writer can not vouch for the absolute accuracy of the above as 
reported, but has no doubt it is substantially correct. For he well remem- 
bers to have heard his father speak of meeting Mr. Blaine; with what cor- 
diality he greeted him ; the services he rendered him in securing the removal 
of his disabilities ; how unexpected it was to him, and how grateful he felt 
to Mr. Blaine for his great kindness. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 7 

COLONEL HODGES' LETTER. 

4 i Mr. Chairman and Gentlemen of the Committee : 

* * * * << j n Kentucky I am recognized as a Repub- 
lican of the strictest, straightest sect. I have never feared to 
declare my principles, either in private or through the col- 
umns of my paper, and yet no person in the State has ever 
molested me for so doing. 

\ ' I have felt it due to this committee to say what I have 
of my antecedents that they may know who I am and give 
such weight as they may deem proper to the recommendation 
I have signed to relieve a worthy and estimable man from the 
disabilities under which he labors for having committed one 
of the greatest errors of his life — that of taking up arms 
against his country. 

"I signed the petition of D. Howard Smith, along with 
other known Republicans of Kentucky, with great pleasure, 
to the Congress of the United States, to have his disabilities 
removed, for the following reasons: ist. I have known him 
from his earliest manhood, and such has been his character 
that there has been no taint upon it except that which he 
acknowledges in his petition. 2d. For long years he and 
myself labored side by side in the old Whig cause in Ken- 
tucky. 3d. At the close of the rebellion, and after his 
surrender to the Federal authorities, he has been a peaceable 
and quiet citizen, recommending, by precept and example, 
to all with whom he was associated in the service of the 
Southern Confederacy, a cheerful acquiescence to the laws 
of the United States. 4th. To the servants whom he for- 
merly owned before the adoption of the Thirteenth Consti- 
tutional Amendment he was exceedingly kind, often aiding 
them with both clothing and money as far as his limited means 
enabled him to do so. 5th. He was elected to the office of 
Auditor of Public Accounts in August, 1867, and has been 
discharging the duties of that important position with great 
acceptance, showing no partiality as between Republicans 
and Democrats. 6th. If this committee and the Congress of 
the United States refuse to relieve him from his disabilities, 



1 8 D. HOWARD SMITH. 



and he be compelled to give up the office he now holds, then 
the appointment of his successor would devolve upon th e 
Governor of Kentucky to fill his vacancy. In my humble 
judgment His Excellency can make no selection from his 
party that will be as acceptable to the great mass of the Re- 
publican party as Colonel Smith is. These, with many other 
reasons I might enumerate, induce me to recommend the 
removal of the disabilities of Colonel D. Howard Smith.* 

"A. G. Hodges." 



GENERAL JOHN W. FINNELL'S LETTER. 

" Covington, Ky., January 22, 1869. 
1 ' Dear Sir : 

"I have just learned that D. Howard Smith, Esq., the 
present Auditor of Kentucky, has gone to Washington, in- 
tending to apply to be relieved from disabilities under the 
Fourteenth Amendment. I write now, unsolicited, to ask 
your kind offices in Colonel Smith's behalf. 

"I have known him from childhood. I never knew a 
more just, upright, and conscientious man. It is true he 
was a Confederate officer, and in this we all think he was 
misguided ; but he was a soldier and played a soldier's 
part. 

1 ' At Lebanon, in this State, on the occasion of the defeat 
and surrender of Colonel Hanson, Smith, at the peril of his 
own life, and like a true man as he was and is, threw himself 
between our captured soldiers and the infuriated enemy and 
saved them from massacre. After the war ended he returned 
to Kentucky and quietly resumed his profession, counseling 
all and always submission to authority and obedience to the 
laws. 

" As an officer of the State he has won golden opinions 
from men of all parties. His conduct has conquered all re- 
sentment in the hearts of even the most violent. If you can, 
consistently with your sense of duty, do anything to promote 

*In Washington Globe, 1869. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 19 

his wishes, I pray you do so. I know you will never have 

cause to regret it. 

"I am, very sincerely, your obedient servant,* 

"Jno. W. Finnell. 
"Hon. Schuyler Colfax, 

" Speaker House of Representatives, Washington, D. C." 



The above incident in connection with Mr. Blaine and the 
foregoing letters are referred to, not only as showing the 
esteem in which he was held by those who differed with him 
politically — at a time when sectional and party feeling ran 
high — but as a testimony to the character of those gentlemen 
whose kind offices in his behalf were fully appreciated by him 
and deserve to be mentioned. 

It is also proper to state he was much indebted to his 
political friends, the Hon. James B. Beck and Thomas C. 
McCreary, who then represented Kentucky in the Congress 
of the United States — the former in the House and the latter 
in the Senate, and others, for assistance rendered him in that 
behalf. 



*In Washington Globe, 4869. 



20 D. HOWARD SMITH. 



CHAPTER II. 

HIS EDUCATION MARRIAGE ENTRY INTO LAW AND POLITICS. 

The best part of every man's education is that which he 
receives from a good mother, whose highest ambition is to 
bring up her children in the way they should go, that when 
they have reached man's and woman's estate they may be 
good and useful men and women, an ornament to society 
and an honor to the State. 

The brighest example of this, perhaps, which history has 
furnished us, was that of Cornelia, the mother of the Gracchi, 
who imparted to her sons, Caius and Tiberius Gracchus — two 
of the most illustrious names in Roman history — those splen- 
did virtues for which she was so eminent. 

The history of our own country has also furnished many 
illustrious examples of men who have acknowledged their 
indebtedness for the possession of those virtues, which at 
once formed the basis and was the cause of their greatness, 
to the early training they had received at their mother's 
knee. 

But it is not necessary to go to history to find such ex- 
amples ; they are all around us. There are many mothers, 
who, if not as highly gifted as was Cornelia, are as bright 
examples of what a good mother can do in the rearing of 
her children. Such a mother was Sarah Smith, the mother 
of D. Howard Smith, whose rare virtues were only excelled 
by her great love and concern for her children, who were her 
pearls of great price. 

Often have I heard him speak, and never without emotion, 
of the lessons of her grand character and beautiful life ; how 
they had impressed his youthful mind and served as the guid- 
ing star of his life. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 21 

But this is part only of every education, though a very 
important part, which may be termed character -building. 
There is another part, of which this is the foundation, and 
without which the structure would not be co'mplete — that 
is mind-building. This part of his education was not over- 
looked. When quite a young man he was placed by his 
father under the guidance of J. J. R. Flournoy, a noted 
teacher of that day, to whose competency and care he was 
mainly indebted for his early training in habits of thought 
and for a substantial basis of education. 

In 1838 he entered Georgetown College, where he re- 
mained until he had qualified himself for a higher collegiate 
course. He then entered the Miami University, at Oxford, 
Ohio, at that time the leading institution of learning in the 
West, from whose walls had passed some of the ripest schol- 
ars and first men of the nation. He remained at that insti- 
tution till 1841, taking a thorough course, when, in June of 
that year, it was terminated by his father's death, which event 
called him home, thus preventing his graduation. 

In the fall of 1841 he began the study of law with J. H. 
Davis, Esq., then an eminent lawyer of Scott County, with 
whom he remained for some time, learning the rudiments of 
law, and enjoying the advantages of that gentleman's advice 
and experience. 

He then entered the Law Department of Transylvania 
University, at Lexington, and in March, 1843, took his di- 
ploma from that institution at the hands of an able faculty, 
composed of such men as the Hon. George Robertson, after- 
ward Chief Justice of Kentucky, and one of the most eminent 
jurists of this or any other country, Thomas A. Marshall, 
Aaron K. Woolley, and others scarcely less distinguished. 

Among his classmates and fellow-graduates were the Hon. 
Frank P. Blair, Jr., afterward a distinguished Federal General 



22 D. HOWARD SMITH. 



and candidate for Vice President on the Democratic ticket 
with Horatio Seymour, and the Hon. James B. Glay, a son 
of Henry Clay, himself a man of great ability. 

After leaving the University he returned to Georgetown, 
began the practice of the law, and soon earned for himself, 
though yet a young man, an enviable reputation at the bar 
as a safe counselor and able lawyer. 

On the 17th day of February, 1842, he married Josephine 
Lemon, a daughter of Captain Joseph I. Lemon, of Scott 
County, a soldier of the War of 18 12, and at that time the 
wealthiest and one of the most influential citizens of the 
county. His wife is still living, a remarkable woman, alike 
in good sense, strength and beauty of character, and the 
domestic virtues — a good mother and exemplary Christian. 

In 1849, a fter full establishment in his profession, he was 
called upon, became a candidate, and was elected to the 
lower House of the Legislature on the Whig ticket, by a 
majority of 510 votes, over one of the most popular and 
strongest Democrats in the county. By his race the county, 
which had before been largely Democratic, was redeemed to 
his party. His course in the Legislature was so highly satis- 
factory to his constituents that he could easily have been 
returned had he not declined a re-election. He was suc- 
ceeded by the distinguished Colonel Richard M. Johnson, 
of Tecumseh fame, who publicly declared he " would not 
be a candidate if Howard Smith desired to return." 

It is worthy of note, in this connection, as showing the 
character of men who then represented the State in the 
Legislature, with whom he was brought in contact, that he 
served in that body with John C. Breckinridge, Presley 
Ewing, James P. Metcalf, and others since highly distin- 
guished in the law, legislation, and politics of the State and 
Nation. 



-*■ 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 2$ 

In 1853 he accepted the nomination and was elected Sena- 
tor from the counties of Scott and Fayette without opposi- 
tion. This was a marked compliment from a district where, 
at that time, there were so many talented, capable, and am- 
bitious men, and where political preferment was so much 
coveted. 

He was at once taken up as a candidate for Speaker, and 
came within a few votes of being nominated on the first bal- 
lot, and would in all probability have been chosen, but for 
his magnanimity in withdrawing, after several days' balloting, 
for the sake of harmony.* 

He was then only thirty-two years of age and was opposed 
by such men as Bibb, Bullock, Hogan, and others, his seniors 
in years and among the most distinguished men in the State, 
which shows how he stood in that body. 

In 1852 Mr. Clay died, and on the occasion of the meeting 
of the two houses of the Legislature in joint session to take 
action in respect to his memory, he introduced the following 
resolutions, which were adopted : 

li Whereas, It has pleased the Almighty to remove by 
death from our midst our most eminent citizen, Henry Clay, 
we feel that Kentucky owes it to herself to place upon her 
own records some enduring evidence of the estimation in 
which she holds the purity of his public life, the soundness 
of his principles and patriotism, and of the profound sorrow 
with which the Commonwealth has been impressed by this 
sad bereavement ; be it therefore 

' ' Resolved by the General Assembly of the Conimonwealtli 
vf Kentucky : 

"I. That the melancholy intelligence of the death of our 
illustrious citizen, Henry Clay, was received by the people of 
Kentucky with the deepest and most painful sensibility. His 

*Senate Journal, 1853-54. 



24 D. HOWARD SMITH. 



long, brilliant, and patriotic services in the councils of the 
State and nation ; his devoted and successful labors in behalf 
of the Union and the cause of liberty ; his matchless oratory 
and unrivaled statesmanship, have created an affection for 
his name and memory in the hearts of his countrymen that 
will be cherished to the latest generation. 

" 2. That as a token of our respect for the memory of the 
deceased the Sergeants-at-Arms of the two Houses of this 
Assembly are instructed to have their respective halls clad 
in mourning for the residue of the session. 

" 3. That as a further token of our respect for the memory 
of the deceased we will w r ear the usual badge of mourning 
on the left arm for the space of thirty days."* 

On the adoption of these resolutions he, among others, 
addressed the Senate, as follows : 

"Mr. Speaker: I arise to perform a most melancholy 
task. It becomes my painful duty to announce to this body 
an event which occurred since its last session and which has 
sent a pang of the deepest sorrow not only to the heart of 
all Kentucky, but to the whole American people and the 
friends of liberty throughout the entire civilized world. 

" Henry Clay, the great American orator, patriot, and 
statesman ; he who, by the power of his genius and the ex- 
traordinary character of his deeds, shed such an imperishable 
luster upon our name and fame, sleeps in his grave! The 
brightest luminary that ever dawned upon the republic has 
gone down in a cloud of sorrow and tears. And whilst I 
stand here, realizing, as I do, the loss my country and man- 
kind has sustained in the death of this great and good man, 
my heart is moved with no ordinary emotions. 

"When I look back over the history of my country 
and contemplate the life and services of Henry Clay I am 
lost in wonder and admiration. Born in poverty and ob- 
scurity, inheriting none of the mighty influences of wealth 

* Senate Journal, 1854. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 25 

and family, he achieved for himself and his country, by the 
power of his own unaided genius and energy, a name and 
fame that will challenge comparison with the brightest intel- 
lect of ancient or modern times. 

' 'It would be impossible, Mr. Speaker, for me, on an 
occasion of this kind, even if it were proper, to go back and 
review the life and character of the distinguished deceased. 
But, sir, whilst this is the case, I feel that I should be recre- 
ant to my duty and my feelings if I did not call the attention 
of the Senate to a few of the leading events of his life. 

" Coming to Kentucky whilst yet a boy, he settled in the 
then village of Lexington and commenced the practice of the 
law in competition with some of the first men of the State. 
Thoroughly trained in the principles of his profession, and 
conscious of his own powers, he very soon made himself 
felt and rapidly rose into position and influence. 

" Overleaping, as it were at a bound, the ordinary barriers 
that impose themselves between young ambition and fame, 
he established for himself a reputation as an able and power- 
ful advocate that was enjoyed by but few men in the State. 

"The latent spark of genius was soon kindled into a flame. 
All eyes were attracted to the youthful orator. The people, 
from among whom he had sprung, dazzled by his transcend- 
ent intellect and warmed by his ardent and enthusiastic nature, 
as if by instinct, reached out their arms and claimed him as 
their own. 

"Yielding to the impulses of his bosom, and obeying 
what he believed to be the popular will, he was very soon 
returned, over an able and popular opponent, a member of 
the other branch of this Assembly from the county of Fayette. 

"In this new and to him untried theater he fully sustained 
the high reputation he had already won at the bar. It was 
here, in these halls, that he laid the foundation of his states- 
manship ; it was here that he exhibited the first evidence of 
those rare and extraordinary gifts of forensic power that gave 
him, in after life, so much influence at home and abroad. 

"Standing almost without a rival, in his adopted State, as 
an orator and statesman, and the acknowledged leader of the 

3 



_ 



26 D. HOWARD SMITH. 



Republican party of that day in the distant West, he was very 
soon returned by the people of Kentucky a member of the 
National Congress, serving first as a member of the Senate 
and then as a member of the House of Representatives. 

"In this new and more extended field for an exhibition 
of talents and genius, Mr. Clay very soon established for 
himself a reputation as an able and powerful debater and 
as a wise and sagacious public servant that was enjoyed by 
but few of the host of great men who adorned the National 
councils at that period. 

It is to him that the American people are mainly indebted 
for the War of 1812 — that second struggle for our independ- 
ence — and its final and honorable adjustment. 

"When our flag had again and again been insulted and 
outraged, and our rights trodden under foot, and a portion 
of the American people were disposed tamely to submit to 
it, the great Kentuckian was among the first to rise in his 
place, upon the floor of Congress, and cry out against it and 
sound the clarion blast of war. With that proud indignation 
so instinctive in the heart of every true American when his 
rights are invaded, he called on his countrymen to take up 
arms and avenge the wrongs that had been heaped upon 
them. His voice, with those of other patriots, was heard, 
and war was declared. During the whole period of that pro- 
tracted struggle Mr. Clay stood side by side with Calhoun, 
Lowndes, and others, -leading the war party in Congress, un- 
til peace — an honorable and glorious peace — was achieved. 
At the close of the war, such had been his exertions in be- 
half of his country, and such the transcendent ability with 
which he had acquitted himself, that his fame was fixed. 

"Thoroughly and devotedly attached to our peculiar insti- 
tutions ; a warm and ardent friend of liberty and liberal prin- 
ciples, his heart was always ready to pour out, in streams of 
burning eloquence, its sympathy for the oppressed of every 
nation. 

"Among the ablest speeches that he delivered on the 
floor of Congress was one in behalf of South American 
independence. The shouts of the gallant soldiers under 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



27 



the heroic Bolivar, as the distant voice of Clay fell upon 
their ears, are still echoed in that far-off country. They 
still hold in grateful remembrance his disinterested love 
for their rights, as the noble shaft they have erected to 
his memory fully attests. 

' ' Nor was he unmindful of the down-trodden rights of 
Greece — unfortunate Greece ; that land of poetry and song, 
so dear to the memory of every patriot and scholar. In 18 18, 
when that mother of literature and art was rent with war and 
commotion, Clay, inspired as it were with the associations 
that were thrown around her, poured out in her behalf a tor- 
rent of fire and eloquence that electrified the whole civilized 
world. 

"Mr. Speaker, if Mr. Clay had left no other monument 
to his memory than his efforts in behalf of the liberties of 
these unfortunate countries, his name and fame would have 
been immortal. But, sir, the proudest achievements of his 
life were made in behalf of his own country. There is 
scarcely a page in our country's history, for the last half- 
century, that is not impressed with the wonderful influence 
of his genius and patriotism. Sir, my heart swells with pride 
and gratitude, that words can not express, as memory calls 
to view the toil, the almost superhuman exertions, he under- 
went for his country. Who but him could have preserved 
our National unity in 1820, when every element of civil con- 
cord was shaken to the center, consequent upon the propo- 
sition to admit Missouri into the Union? Who but him could 
have driven back the tide of war, rapine, and destruction, in 
1833, when that hydra-headed monster, nullification, exhib- 
ited itself in the Senate and shook to the very center the 
temple of liberty itself? Who but him could have settled 
the angry elements of sectional discord and strife in 1850, 
which were raging like a consuming fire and threatening 
all around? 

"Mr. Speaker, the services rendered by Henry Clay to 
his country on those three memorable occasions will live 
green in the memory of untold generations to come. I 
could ask no greater nor more enduring monument to his 



28 D. HOWARD SMITH. 

memory than the authorship of those three great measures 
of pacification. 

" • I ask not for the chisel's boast, 

A Pantheon's cloud of glory, 
Bathing in Heaven's noontide the host 

Of those who swell her story ! 
Though these proud works of magic hand 

Fame's rolling trump shall fill, 
The best of all these peerless bands 

Is pulseless marble still.' 

"As a statesman and patriot he was almost without a 
rival. As a great party leader Henry Clay stood without a 
peer. Born to command, it was not for him to follow in the 
wake of others. Bold, sagacious, and eminently wise and 
prudent, he possessed the elements for a successful executive 
officer, equal, if not superior, to any man of his day. 

"But, whilst Mr. Clay was a partisan, and perhaps the 
greatest party leader of his day, as has been stated, yet, 
sir, he never allowed party fealty to stand between him and 
his country. Mere questions of expediency, which usually 
divide parties, were to him as nothing when they interfered 
with his obligations to his country. 

" He held the perpetuation of the principles of our insti- 
tutions, the Union, and our peculiar form of government 
above all other considerations. There was no sacrifice, no 
conciliation, no concession that he would not make when it 
was necessary to save his country from anarchy and ruin. 
Patriotism was the ruling passion of his life. Every motive, 
feeling, action, was made to bend to it. The greatest and 
most brilliant achievements of his long and eventful life were 
the result of this principle in his nature. He was, sir, essen- 
tially and emphatically American in his every feeling. He 
lived for the glory of his country and at last died for its 
safety. No leader ever won more distinction — none ever 
met greater opposition. Conscious of the purity of his own 
motives and the rectitude of his conduct, he never, in the 
darkest hour of his adversity, desponded. It is a proud re- 
flection to know that his life was spared to him to see that he 



30 P. HOWARD SMITH. 



adhere thereto, and your committee, instead of making this 
a cause of complaint or criticism, regard it as altogether 
proper and commendable. When invited, however, by the 
message, to view the acts of the administration in terms of 
unqualified praise, they can not fail to perceive a measure of 
policy bearing immediately on a ' section ' of the party in 
power ; but the principle of the act and its consequences are 
very interesting to all the people of these States, from which 
they must ever not only withhold their approbation, but 
which they unqualifiedly condemn, and against which they 
direct their earnest protest. 

"Your committee refer to the late act of the administra- 
tion, bringing to bear the power and patronage of the Fed- 
eral Government upon the last New York State election. 

"The ground upon which the removal of Collector Bron- 
son was placed by the administration, to-wit : the neglect of 
that officer to appoint a certain proportion of the free-soil 
' section ' of the party to place under him, is itself indefen- 
sible, has been condemned by the people of New York, and 
is especially insufficient to justify the interference of the 
Federal Government in the manner and at the crisis. 

"And i, the crisis. A State election, involving State 
issues of no ordinary magnitude, was pending. The admin- 
istration party (or parties) was divided on these State issues 
and their peculiar views of the slavery question. Judge 
Bronson gave his adherence to that ' section ' of the party 
with whose principles, State and National, he coincided, in 
a decorous letter, which was published. 

"The administration seized the occasion, on the eve of 
the election, to remove him, on the alleged ground above 
stated. 

2. The manner. The interference was immediately against 
an honest, capable, faithful public servant, at the time engaged 
in the efficient and faithful discharge of his duties, and directed, 
through this public servant, against the friends of the Union — 
the National ' section ' of the party in New York — and in favor 
of the men of the Buffalo platform and their more recent and 
scarce less implicated allies. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 3 1 

"This act of interference in the local politics of a sover- 
eign State was preceded and followed by extraordinary marks 
of favor shown to the leaders of the free-soil party (who had 
defeated Cass and Butler), by their appointment to some of 
the highest offices. And Judge Bronson's successor was 
taken from the party who had coalesced with and were con- 
trolled by the Van Buren power — who himself opposed the 
Erie Canal enlargement (a measure of State policy merely), 
and who, while occupying a high office under the Federal 
Government, in conjunction with the free-soil postmaster and 
surveyor of the port of New York, had left his post of duty 
in the city and had proceeded to Syracuse to control, ' by 
authority ' (as was there proclaimed), the free action of the 
delegates of a portion of the people of the State of New 
York. 

"This interference of the Federal Government, by its 
office-holders, in State elections, and this proscription of 
the friends of the Union and the rights of the South, is a 
wide departure, not alone from the early faith and practice 
of the Government, but from the policy to which the sup- 
porters of the present Executive pledged him before the peo- 
ple in the Presidential canvass, and must meet the condem- 
nation of every lover of republican institutions and the Union, 
without distinction of party. 

"Your committee, therefore, beg to submit the following 
joint resolutions, expressive of their views in the premises, 
with a recommendation that they do pass. 

" D. Howard Smith, 
" W. H. Wadsworth, 

"J. S. GOLLADAY, 

"Wm. C. Bullock." 

"I. Resolved, That the General Assembly of the Com- 
monwealth of Kentucky, not herein intending to express any 
opinion in relation to the general principles and policy of the 
present administration, disapprove its late interference in the 
local election and politics of the State of New York, amongst 
other things, manifested in the removal of Collector Bronson. 



32 D. HOWARD SMITH. 



"2. That the National Democrats of New York, who so 
valiantly opposed, in 1848, the dangerous doctrines of the 
Buffalo platform and that party, under the lead of Martin 
Van Buren, which promulgated and advocated these anti- 
national free-soil doctrines, were entitled to the thanks and 
gratitude of the friends of the Union and had a just right to 
expect the confidence and support of a truly National Demo- 
cratic administration. 

"3. That the policy of relying upon the enemies of the 
Union to administer the affairs of the Union is unwise and 
reprehensible." 

Among his associates in this House were such men as W. 
H. Wadsworth, Nathaniel Wolff, H. G. Bibb, Willis B. Ma- 
chen, and others. 

He served four years in this body with great credit, and 
retired, upon the failure of his health, to resume the practice 
of the law at Georgetown. 

He was originally a member of the old Whig party, an 
ardent admirer and warm personal friend to Mr. Clay, with 
whom, living in the same district and within a short distance 
of each other, he was brought in frequent contact. 

A believer in the doctrine of States rights, which at that 
time was common to both political parties, he held a firm 
resistance to the encroachments of the Federal pozver and a 
zealous regard for the preservation of the sovereignty of the 
States. 

The issues between the two great political parties of that 
day were so hotly contested, and the masses so dependent on 
their leaders for a knowledge of public questions, from a lack 
of the proper facilities for communication, that public discus- 
sion was the order of the day ; and it was necessary that the 
candidate for office should not only show himself to the peo- 
ple and be heard by them, but should be well equipped, have 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 33 

a thorough knowledge of all public questions, and the ability 
to measure lances fairly with his opponent. 

These intellectual tournaments were not confined to large 
cities and towns, but were common to the rural districts, and 
the people everywhere gathered in crowds to witness them. 
Now it is different, the facilities for communication being 
much greater^and the press having almost altogether taken 
the place of the orator, making it possible for the most 
mediocre talent to aspire to. place without fear or danger of 
demolition. Instead of raising the standard of excellency 
in those seeking political preferment, as might have been 
expected from a general enlightenment of the masses on 
political as well as all other questions, this has had just 
the contrary effect. Our politics have reached such a low 
ebb, it is no longer a question of fitness for place, but of 
expediency and policy — how many votes the candidate can 
command, what influences he can bring to bear to secure 
an election. The result of this has been to fill many of 
the offices of the land, from the lowest to the highest, with 
dishonest and incapable men, and to drive many good men, 
well qualified for place, who would otherwise seek political 
preferment, into the professions and commercial life. 

After the death of Mr. Clay and the disintegration of the 
old Whig party, when Know-Nothingism arose upon its ruins 
and threatened the ultimate destruction of the principles upon 
which our government was founded, he became an active and 
able adherent of the National Democratic party, and continued 
a member of that party to the time of his death. 



34 



D. HOWARD SMITH. 



CHAPTER III. 



HIS VIEWS AT THE BEGINNING OF THE WAR RAISES A REGIMENT 

AND JOINS THE CONFEDERATE ARMY ASSIGNED TO BUFORD's 

BRIGADE TRANSFERRED TO GENERAL JOHN H. MORGAN'S 

COMMAND FIGHTS AT MILTON AND SNOW'S HILL, TENNES- 
SEE BATTLE OF GREASY CREEK. 

In November, 1856, during the great land fever in the 
Northwest, he moved with his family, together with many 
others from Kentucky, to that section, with a view to im- 
proving his financial condition, locating first at St. Paul 
and afterwards at Chicago, owing to the severity of the 
climate at the former place. 

He resided in Chicago until 1859, engaging in commercial 
business. During his residence there he identified himself 
with the Douglas wing of the Democratic party, which was 
in the ascendency, and voted for Mr. Douglas in the memor- 
able Senatorial contest between him and Mr. Lincoln, though 
taking no active part in politics. 

Satisfied, from what he had seen, of the intensity of feel- 
ing and growing hatred of the Northern people for the South, 
growing out of the discussion of the questions then agitating 
the country, that it could only be a short time before it would 
culminate in sectional strife, and wishing to be among his own 
people in that event, he closed out his business and returned 
to Kentucky. 

After his return to Kentucky he identified himself with 
the Breckinridge wing of the Democratic party, was made 
an elector on the Breckinridge and Lane ticket, and made an 
active and able canvass of the State in their behalf. 

At the time of the breaking out of hostilities in 186 1 he 
was residing on a farm near Georgetown. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 35 

Thoroughly imbued with the principles of States Rights, 
though opposed to the policy of secession as a remedy for 
the evils then existing, and believing that the war was being 
waged by the party in power, not merely for the abolition of 
negro slavery, but the subjugation of the Southern States, and 
holding to the doctrine that there was no power under the 
Federal Constitution to coerce a State, and firmly believing 
the subjugation of the South would not only destroy the pe- 
culiar rights of the Southern people, but constitutional liberty 
as well, he became early an open and avowed friend to the 
South. 

But such was his devotion to the Union and opposition to 
the policy of secession that it was not until it had become 
apparent to him that nothing short of an appeal to arms 
could settle the grave issues between the sections, that he 
allied himself to the Confederate cause. 

How r correct he was in his views as to the purposes of the 
Republican party in waging that war, was proved by subse- 
quent events. In the adoption of the policy of "Recon- 
struction" that party showed its hand. That the complete 
subjugation and humiliation of the South was their object was 
demonstrated in the attempted establishment of military gov- 
ernments in the Southern States and in placing over the South- 
ern people their former slaves, by conferring upon them the 
right of suffrage, without any preparation whatever for the en- 
joyment of such a privilege, and before they were in a condition 
to receive it and exercise it intelligently. The result of this 
policy was to place in power in the Southern States the worst 
elements, thereby creating race antagonisms, with all their in- 
numerable evils. That this policy did not ultimately prevail, 
it was not the fault of the Republican party, but was due 
to the opposition it met from the Democracy of the North 
and to a more liberal and progressive spirit within the 



36 D. HOWARD SMITH. 



Republican -ranks, represented by such men as Horace 
Greeley, B. Gratz Brown, Frank P. Blair, General W. S. 
Hancock, and others. 

When his position became known, an order was issued by 
the Federal authorities for his arrest and imprisonment, and 
a detachment of troops was dispatched to his home for that 
purpose. But having received a timely warning from a rela- 
tive, then an officer in the Federal army, he was able to make 
good his escape and elude the Federal authorities, together 
with the Rev. W. H. Hopson, an eminent Christian divine, 
who was then visiting him, and for whose arrest an order had 
also been issued. 

In the fall of J 862, following, when Gen. Bragg entered 
the State, he raised a regiment of cavalry (the Fifth Ken- 
tucky), about eight hundred strong, and entered the service 
of the Confederate States, and there remained until the close 
of the war. The regiment was composed of the flower of 
Scott and adjoining counties and was officered as follows : 

Colonel — D. Howard Smith, Scott County, Ky. 

Lieutenant Colonel — Preston Thomson, Scott County, 
Ky. (subsequently resigned). 

Major — Thomas Y. Brent, Bourbon County, Ky. (killed 
at Green River Bridge, July 4, 1863). 

Captain and A. C. S. — Alex. Thomas, Scott County, Ky. 

Captain and A. Q. M. — L. D. Holloway, Scott County, 
Ky. 

First Lieutenant and Adjutant — John T. Johnson, Scott 
County, Ky. (resigned in Tennessee on account of ill-health). 

Surgeon — Dr. David Kellar, Bourbon County, Ky. 

Assistant Surgeon — Dr. D. Drake Carter, Woodford 
County, Ky. (afterwards Surgeon Sixth Kentucky). 

Sergeant Major — Allie G. Hunt, Fayette County, Ky. 
(promoted to Lieutenant Company F). 

Sergeant and Ordnance Officer — John A. Steele, Wood- 
ford County, Ky. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 37 

Sergeant and Forage Master — S. B. Triplett, Scott 
County, Ky. 

Orderly — Harry Warfield, Lexington, Ky. 

Company A. 

Captain — C. G. Campbell, Woodford County, Ky. (pro- 
moted to Lieutenant Colonel, July 4, 1863). 

First Lieutenant — Jos. M. Bowmar, Woodford County, 
Ky. (appointed Adjutant, to succeed John T. Johnson, re- 
signed, and on July 4, 1863, promoted to Captain of Com- 
pany A ; private D. L. Thornton, of Woodford County, 
Ky. , succeeding him as Lieutenant and Adjutant. 

.Second Lieutenant — Jas. H. Ferguson, Woodford County, 
Ky. (killed at Green River Bridge, July 4, 1863). 

Third Lieutenant — W. S. Fogg, Woodford County, Ky. 
(promoted to First Lieutenant, July 4, 1863). 

First Sergeant — H. W. Smith, Woodford County, Ky. 

Second Sergeant — George W. Smith, Woodford County, 
Ky. 

Third Sergeant — Samuel Moore, Woodford County, Ky. 

Fourth Sergeant — Alexander M. Daugherty, Woodford 
County, Ky. 

Corporals — Robert Redd, A. C. Smith, John C. Davis, 
and , Woodford County, Ky. 

Company £. 

Captain — G. M. Tilford, Scott County, Ky. 

First Lieutenant — Geo. W. Holloway, Scott County, Ky. 
(killed at Green River Bridge, July 4, 1863). 

Second Lieutenant — John T. Sinclair, Scott County, Ky. 

Third Lieutenant — Jas. H. Ferguson, Scott County, Ky. 
(wounded at Green River Bridge, July 4, 1863). 

First Sergeant — L. D. Holloway, Scott County, Ky. (pro- 
moted to Captain and A. Q. M). 

Second Sergeant — J. H. Gatewood, Scott County, Ky. 

Third Sergeant — E. Threlkeld, Scott County, Ky. 

Fourth Sergeant — West Threlkeld, Scott County, Ky. 
(killed at Green River Bridge, July 4, 1863). 



I 



38 D. HOWARD SMITH. 



First Corporal — Robt. Jones, Scott County, Ky. (severely 
wounded at Green River Bridge, July 4, 1863). 

Second Corporal — W. R. Butler, Scott County, Ky. 
Third Corporal — W. Coppage, Scott County, Ky. 
Fourth Corporal — E. M. Flack, Scott County, Ky. 

Company C. 

Captain — Harry Bedford, Bourbon County, Ky. 

First Lieutenant — G. W. Bowen, Bourbon County, Ky. 

Second Lieutenant — John B. Talbott, Bourbon County, 
Ky. 

Third Lieutenant — T. Jeff. Currant, Bourbon County, 
Ky. (killed at Green River Bridge, July 4, 1863). * 

First Sergeant — C. C. Rule, Bourbon County, Ky. 

Second Sergeant — Dick Kelly, Bourbon County, Ky. 

Third Sergeant — John Moreland, Bourbon County, Ky. 

Fourth Sergeant — Gus Pugh, Bourbon County, Ky. 

Corporals — W. H. Currant, R. Wilson, L. M. Lair, Dave 
Wilson, all of Bourbon County, Ky. 

Company D. 

Captain — Jerre L. Jones, Gallatin County, Ky. 
First Lieutenant — John Story, Gallatin County, Ky. 
Second Lieutenant — J. H. Hoggins, Gallatin County, Ky. 
Third Lieutenant — Chas. Richards, Gallatin County, Ky. 
First Sergeant — John Eliston, Gallatin County, Ky. 
Second Sergeant — Thos. Conley, Gallatin County, Ky. 
Third Sergeant — John Hamilton, Gallatin County, Ky. 
Fourth Sergeant — Henry Pec^/, Gallatin County, Ky. 
First Corporal — Robert Spencer, Gallatin County, Ky. 
(Second, Third, and Fourth Corporals of Company D not 
now known. — S. K. S.) 

Company E. 

Captain — James E. Cantrill, Scott County, Ky. 
First Lieutenant — Andrew Wilson, Scott County, Ky. 
Second Lieutenant — Nat. S. Offutt, Scott County, Ky. 
Third Lieutenant — David Holden, Scott County, Ky. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 39 



First Sergeant — William Reed, Scott County, Ky. (killed 
at Lebanon, Ky., July 5, 1863). 

Second Sergeant — Eph. Montgomery, Scott County, Ky. 
Third Sergeant — Clem Nutter, Scott County, Ky. 
Fourth Sergeant — Silas Carr, Bath County, Ky. 
First Corporal — Richard Price, Scott County, Ky. 
Second Corporal — M. T. Ewing, Scott County, Ky. 
Third Corporal — John Harrod, Scott County, Ky. 
Fourth Corporal — Sanford Powell, Scott County, Ky. 

Company F. 

Captain — James P. Jordan, Anderson County, Ky. (killed 
near Beach Grove, Tenn., January, 1863. 

First Lieutenant — Thos. Munday, Anderson County, Ky. 

Second Lieutenant — M. V. Gudgel, Anderson County, 
Ky. (severely wounded at Green River Bridge,- July 4, 1863). 

Third Lieutenant — John M. McCormack, Anderson 
County, Ky. 

(The Sergeants and Corporals of Company F not now 

known. — S. K. S.) 

Company G. 

Captain — T. M. Coombs, Grant County, Ky. (afterwards 
captured, and succeeded by Capt. Geo. W. Terrill, of Boone 
County, Ky). 

First Lieutenant — J. P. Webb, Grant County, Ky. 

Second Lieutenant — Marion Carson, Grant County, Ky. 

Third Lieutenant — G. N. Webb, Grant County, Ky. 
(severely wounded at Snow Hill, Tenn., April, 1863). 

First Sergeant — W. H. Childers, Grant County, Ky. 

Second Sergeant — Arthur Parker, Boone County, Ky. 

Third Sergeant — J. H. Gage, Grant County, Ky. 

First Corporal — B. P. Lucas, Grant County, Ky. 

(The Second, Third, and Fourth Corporals of Company 
G not now known. — S. K. S). 

Company H. 
Captain — E. S. Dawson, Anderson County, Ky. 
First Lieutenant — James F. Witherspoon, Anderson 
County, Ky. 




40 D. HOWARD SMITH. 



Second Lieutenant — L. W. Chambers, Anderson County, 
Ky. 

Third Lieutenant — W. Fenwick, Anderson County, Ky. 

First Sergeant — H. H. Maddox, Anderson County, Ky. 

Second Sergeant — Sam. Dawson, Anderson County, Ky. 

Third Sergeant — James P. Ripey, Anderson County, Ky. 

Fourth Sergeant — N. H. Witherspoon, Anderson County, 
Ky. 

Corporals — Jasper Frazier, Noel Moore, William Bowen, 
and Randall Walker, all of Anderson County, Ky. 

In June, 1863, following, a fine company of about fifty 
men, from Southern Kentucky, was added to the regiment, 
officered as follows : 

Captain — Ben. D. Terry. 
First Lieutenant — William H. Green. 
Second Lieutenant — Frank P. Langston. 
Third Lieutenant — Thomas B. Copeland. 

An incident is narrated by Captain Terry worthy of men- 
tion in this connection. He had with him a colored servant 
by the name of "Ike Campbell." In 1862 "Ike" was cap- 
tured by the "Yankees." They tried to prevail on him to 
take the oath, but he refused, returned to the Confederacy, 
and remained at his post to the close of the war, when he 
returned to Kentucky. This is mentioned as a rare and re- 
markable instance of a colored man's fidelity and loyalty to 
his master and section. 

Another instance of this sort, deserving of mention, was 
the equal faithfulness and loyalty of Colonel Smith's colored 
servant, "William Johnson," who was captured with him on 
the "Indiana and Ohio Raid," and retained as a servant by 
a Federal officer. Obtaining help from D. Howard Smith, 
Jr., whom he met at Cincinnati •shortly after the capture, 
William succeeded in effecting his escape, returned to Ken- 






LIFE, ARMY RECORD, AND PUBLIC SERVICES. 4 1 

tucky, and finally to Colonel Smith, and remained faithful to 
the last. 

The first assignment of his regiment to military duty was 
to the brigade of Gen. Abe Buford, with whom he remained 
until after Bragg's retreat from Kentucky. 

Nothing worthy of note transpired until after the army 
had reached Tennessee, when an effort was made to disband 
his regiment, which caused great indignation among both 
officers and men, they having enlisted as cavalry, or, rather, 
mounted infantry. He protested strongly against such treat- 
ment of his regiment, but in vain. Finally, seeing that would 
be the only way to avoid such a result, he advised his men to 
seek other commands, which they did, resulting in the dis- 
bandment of the regiment, and he obtained a furlough to go 
to Mississippi to look after some private interests. When he 
had effected the object of his visit there, he hastened to re- 
join the army and proceeded at once to the reorganization of 
his regiment, which was soon effected, nearly all of his old 
men, who, in the interim, had become scattered through other 
commands, returning to him, and thus forming a splendid 
regiment of the very best material. 

In a letter written from McMinnville, Tenn., about this 
time, speaking of his return, he says: 

"I reached my old regiment on Saturday last, near Fair- 
field, in a county adjoining this, and on Tuesday following 
assumed command of the brigade, General Buford having 
been transferred to General Pemberton's Department, in the 
State of Mississippi. The reception given me by my old 
regiment was the most flattering compliment I ever received. 
The demonstrations of joy and gratification manifested at my 
return might well have swelled the head of a conqueror. I 
shall never forget it while life lasts. 

" My command will, in the course of a few days, be trans- 
ferred to General Morgan's. General Bragg has given me 

4 



42 D. HOWARD SMITH. 



this assurance, and by his orders I am here to-day, perfect- 
ing the necessary arrangements to that end." 

In the latter part of February, 1863, he was transferred, 
with his command, at his request, to General John H. Mor- 
gan's division of cavalry, then stationed on Snow's Hill, near 
Liberty, Tennessee, picketing for the extreme right of Bragg's 
army. 

General B. W. Duke, in his "History of Morgan's Cav- 
alry," referring to this transfer, says: 

' ' During February two fine regiments (the Fifth and Sixth 
Kentucky) were added to the division. These regiments were 
commanded, respectively, by Colonels D. H. Smith and War- 
ren Grigsby. They had been recruited, while Bragg occupied 
Kentucky, for Buford's brigade, but upon the dissolution of 
that organization they were assigned, at the request of their 
Colonels, to General Morgan's command. The material com- 
posing them was of the first order and their officers were zeal- 
ous and efficient. * 

"Some time in the same month an order was issued from 
army headquarters, regularly brigading Morgan's command. 
The Second, Fifth, Sixth, and Ninth Kentucky and Ninth 
Tennessee were placed in one brigade. The Third, Eighth, 
Eleventh, and Tenth Kentucky composed the Second Brig- 
ade. Colonels Smith and Grigsby were both the seniors of 
the other Colonels of the First Brigade, but each refused to 
take command, on account of their recent attachment to the 
command,* and Colonel Breckinridge was assigned to the 
temporary command of it. "f 

The remainder of the winter of 1862-63 was spent by him 
and his regiment in picketing and scouting for the Army of 

*This much of Gen. Duke's statement is incorrect. Colonels Smith and 
Grigsby did not "refuse" to take command — to have done so would have 
been unsoldierly — but waived rank to Gen. Duke, for the reasons stated, and 
requested to be placed in his brigade. 

t Duke's History of Morgan's Command, 359. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 43 

Tennessee. This service was arduous, often precarious, and 
involving great hardship. Though there were no battles of 
consequence, during this time, in which his regiment took 
part, there were frequent skirmishes with the Federal cavalry, 
always involving more or less loss of life and redounding to 
the credit of the brave men under his command, who, in ad- 
dition to the enemy, had to contend with the snow and cold 
of that severe winter, for which they were illy-prepared, be- 
ing scantily supplied with clothing and blankets. 

During February two successful raids were made into Ken- 
tucky — by Colonel R. S. Cluke and Captain T. H. Hines, 
with a company of scouts — the former with seven hundred 
and fifty men, his own regiment ; the Eighth Kentucky, under 
the command of Major R. S. Bullock ; a portion of the Ninth 
Kentucky and two companies of the Eleventh Kentucky, 
under the command of Lieutenant Colonel R. G. Stoner; 
Companies C and I of the Third Kentucky, and Company 
A of the Second Kentucky, under the command of Major 
Theophilus Steele, and two mountain howitzers, in charge of 
Lieutenant Corbitt, penetrating the State as far as Mt. Ster- 
ling, capturing that place with over four hundred prisoners, 
two hundred Government wagons laden with stores, five hun- 
dred mules, and one thousand stands of arms, besides doing 
other damage to the enemy. The latter, with only thirteen 
men and Lieutenant J. M. Porter, of his company, going as 
far as Bowling Green and destroying a half million dollars of 
Government property. 

During the early part of March the enemy made three 
advances upon Liberty, but were each time met and suc- 
cessfully opposed by Colonel W. C. P. Breckinridge, with 
the First Brigade, composed of the Second, Fifth, Sixth, 
and Ninth Kentucky and the Ninth Tennessee. 

On the evening of the 19th of March, General Morgan 



44 D - HOWARD SMITH. 



arrived at Liberty. Learning that the Federals, in strong 
force, estimated at about four thousand infantry and several 
hundred cavalry, with one section of artillery, were moving 
on that place from Murfreesboro, and determining to attack 
them next morning, he ordered Colonels Breckinridge and 
Gano, with the First and Second Brigades, to move within 
four miles of the enemy and hold themselves in readiness to 
move at any moment. Learning subsequently, however, that 
the enemy were strongly posted in a gorge of the mount- 
ains, from which it would be impossible to dislodge them, 
he concluded not to attack them until they had passed be- 
yond it. 

Early next morning his scouts reported to him that the 
enemy was moving; whereupon Captain Thos. Quirk, with 
his scouts, was ordered to advance and attack the enemy's 
rear when they passed the mountain, and retard their prog- 
ress until the arrival of the main column. This order was 
obeyed with alacrity. When within a short distance of Mil- 
ton, Captain Quirk came upon the rear guard of the enemy 
and attacked them with vigor. Making a stand and deploy- 
ing their skirmishers to the rear, the enemy opened upon him 
with several guns, shelling his men and the road upon which 
they advanced. 

Shortly, General Morgan arrived upon the ground, and 
finding that the main body of the Federals was still retreating, 
and that their artillery was unsupported by any troops except 
those deployed as skirmishers, he determined, if possible, to 
capture it. He accordingly ordered Lieutenant (Colonel R. 
M. Martin to move with his regiment to the left, and Colonel 
Breckinridge to send a regiment to the right, as rapidly as 
possible, and when within striking distance of the enemy to 
move forward and cut off his artillery. Two guns were also 
brought forward, supported by the Ninth Tennessee, under 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



45 



the command of Colonel W. W. Ward, and the remainder 
of the command was ordered to move in column within sup- 
porting distance. Before the regiments ordered to the right 
and left had reached the positions assigned them, the enemy's 
skirmishers and artillery fell back rapidly upon their main 
column, which occupied a steep hill covered with cedars. 
Here they halted, placing their guns on a line with their col- 
umn, on the road, immediately upon their right. To reach 
this position it was necessary to pass through a cedar brake, 
the ground being very broken and rough. This point was 
covered by the enemy's skirmishers. 

The artillery was ordered to move upon the left of the 
road until they reached a point within four hundred yards 
of the enemy's guns, and then to silence them. 

The guns, supported by a portion of the Ninth Tennes- 
see, were moved forward and placed in position. Lieutenant 
Colonel Martin, who still held his position on the left, was 
ordered to advance and threaten the enemy's right. Colonel 
Gano was ordered to move forward, dismount his men, and 
attack the enemy immediately in front. The First Brigade, 
under the command of Colonel Breckinridge, was ordered to 
advance to the right and attack their extreme left. In the 
meantime Captain Quirk, with his scouts, was sent upon the 
pike to attack the enemy immediately in their rear, which he 
did in his usual gallant style, capturing a number of prison- 
ers. He remained in their rear until they received reinforce- 
ments from Murfreesboro, when he was compelled to retire. 

The opening of the guns was the signal for an advance 
along the whole line. Lieutenant Colonel Martin, with his 
regiment, moved forward boldly and attacked the enemy's 
right, who in turn opened upon him with canister, killing a 
number of horses, bul doing no further damage. 

The remainder of the command advanced to within one 



4 6 



D. HOWARD SMITH. 



hundred yards of the main body of the enemy, and dismount- 
ing, attacked them vigorously, driving in their skirmishers 
and advancing in splendid order upon the hill occupied by 
them in strong force. 

Colonel Breckinridge, who commanded on the extreme 
right, advanced upon the enemy's left, they having by this 
time moved their artillery from the pike to a position on the , 
top of the hill, immediately in their center. But before they 
succeeded in doing this, Colonel Grigsby, with the Sixth Ken- 
tucky, attacked them vigorously and came near capturing it. 
He was within about fifty yards of it, and advancing rapidly 
upon it, when unfortunately his ammunition gave out and he 
was forced to halt. At this point the brave Colonel Napier 
fell, severely wounded, while cheering and leading his men 
up the hill. Colonel Grigsby was also wounded, but only 
slightly. 

Having entirely exhausted his ammunition, General Mor- 
gan ordered a withdrawal of his forces and fell back to Mil- 
ton. The enemy, being too badly crippled, did not offer to 
pursue.* 

Finding at that place an ordnance train and four guns, 
sent him from McMinnville, General Morgan returned and 
renewed the attack. But the Federals having, in the mean- 
time, received a heavy reinforcement of infantry, estimated 
at about five thousand, he was compelled to retire, and again 
fell back to Milton and from there to Liberty. 

General Morgan was not aware of the presence of so strong 
a force of the enemy until after he had renewed the attack, 
and Captain Quirk, who had been sent to the enemy's rear 
with his scouts, had been driven back by overwhelming num- 
bers. 

But for the unfortunate circumstance of the ammunition 

* From Official Report of General Morgan. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 47 

giving out just at the critical moment, when Grigsby's men 
were close upon the guns of the enemy and in a few more 
moments would have taken them, the whole Federal force 
might have been captured in the first instance. After they 
had been re-enforced, it was simply impossible to do so, 
they having decidedly the advantage both in position and 
numbers. 

The loss to the command in this fight was heavy. There 
were eighteen wounded and a number killed, mostly among 
the officers, which spoke well for their gallantry. Among 
those killed were Captains Cooper, Sale, Marr, and Cossett, 
and Lieutenant Wilson, of the Third Kentucky, who was 
mortally wounded and afterwards died, all brave and valu- 
able officers. It is not known what the loss of the Federals 
was, but it must have been less than that of the Confeder- 
ates, the latter being the attacking party and completely 
exposed to the Federal guns, while the former were under 
cover. 

There were so many deeds of daring performed in this 
fight, by both officers and men, it would be impossible to 
mention all. But we can not forbear to mention one instance 
related by an eye-witness : 

When General Morgan arrived upon the field and ordered 
Colonel Gano to attack the enemy, leading the charge in 
person, so great was the enthusiasm of the men that two of 
them — Sergeant W. P. Larew and Private Charlie Collins, of 
Company F, Third Kentucky, in their zeal to get at the 
enemy, ran ahead of the column, to soon find themselves 
subjected, not only to the fire of the enemy in front, but of 
their own men in the rear. Taking in the danger of the 
situation at once, but not at all discomforted, they very coolly 
took position behind a log in a ravine, across which the com- 
mand was advancing, and kept up a lively practice of sharp- 



4 8 



D. HOWARD SMITH. 



shooting, picking off a " Yank " whenever he showed himself 
within gun-shot, until Colonel Gano's ammunition being ex- 
hausted, he fell back and the Federals advanced within a few 
yards of where they were, and they were reminded it was 
time to "git, " and "got," receiving the fire of a whole com- 
pany of infantry, but, strange to say, escaping unhurt, with 
the exception of a slight wound the gallant Sergeant re- 
ceived in the leg as he turned to give his pursuers a parting 
volley. 

On the 2d of April the Federals advanced in strong force 
upon Liberty. The First and Second Brigades were concen- 
trated there to meet them. After some skirmishing with 
them, the command took position to the east of that place, 
and on the night of the 2d encamped in line of battle. 

That night scouts were sent into the Federal lines and 
reported the presence of a strong force of infantry. Others 
reported that General Crook was advancing from Carthage 
and Hazen from Readyville. Colonel Ward was dispatched 
with his regiment to guard the Carthage roads, and the re- 
mainder of the command were placed in position to oppose 
the advance of the Federals immediately in front. Colonel 
Gano, being the ranking officer, took command, and Colonel 
Breckinridge was left to conduct the retreat to Snow's Hill. 

During the night of the 2d, the Sixth Kentucky, under 
the command of Major Bullitt, and Captain Quirk's scouts 
were placed in position to watch the enemy's movements and 
the remainder of the command withdrew and took position 
upon the hill to the east of Liberty. Captain Bryne's bat- 
tery of two guns was placed in position within a short dis- 
tance of the town to sweep the road upon which the Federals 
were advancing. Early next morning the force in front of 
the town was attacked and driven back by an overwhelming 
force of Federal cavalry. Major Bullitt, with the Sixth Ken- 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



49 



tucky, held them at bay for awhile, but their numbers were 
too great for him and he was compelled to retire. The Fed- 
erals pressed forward vigorously until they came upon Bryne's 
"Bull Pups," when they recoiled, and the gallant Major Bul- 
litt and Captain Quirk charged them and drove them back in 
turn. They were also repulsed at the bridge over Dry Creek, 
about a mile east of Liberty. Bryne had masked his guns at 
this point and placed them in position to command the bridge. 
Waiting until the Federals had crowded upon it, he opened 
upon them with shells, killing and wounding a number and 
scattering them in every direction. But this proved to be 
only a temporary check, for the Federals, receiving a heavy 
re-enforcement of infantry and artillery, drove the Confeder- 
ates back. 

The line on Snow's Hill, being subjected to a heavy fire 
of the Federal guns and an attack of infantry, was also forced 
to retire. A strong force of Federal infantry and cavalry, 
moving up Dry Creek and turning upon the left flank of the 
Confederates, passed through a gap in the hill which had not 
been sufficiently guarded. 

Lieutenant Colonel J. M. Huffman, with the Third Ken- 
tucky, had been sent to check them at that point, but before 
he reached there they had passed through. He succeeded, 
however, in preventing the enemy from cutting off Colonel 
Breckinridge's command, which had begun to fall back, fol- 
lowed by them in overwhelming numbers. When he began 
to fall back from his position on the left, he was attacked 
vigorously in his rear by the Fourth United States Regulars, 
and his regiment, owing to the nature of the ground, thrown 
into some confusion. But just at this point Colonel Gano 
came up, and rallying about thirty men, succeeded in check- 
ing the enemy. Soon he was joined by Captain Quirk, with 
his company, and together they drove the "regulars" back. 



50 D. HOWARD SMITH. 



The Federals then gave up the pursuit and the command fell 
back to Smithville. 

Though his regiment was engaged, Colonel Smith took 
no part in these fights, being absent at the time at McMinn- 
ville. He and Colonel Duke, who had been absent for some 
time, came up together from that place just as Colonel Breck- 
inridge was falling back, and, learning the condition of affairs r 
hastened to rejoin their respective regiments. 

About this time Colonel Gano was compelled to retire 
from active service on account of bad health. This was a 
severe loss to the command and a source of deep regret to 
all who had been associated with him. A more knightly 
gentleman or braver soldier never drew blade than Colonel 
Richard M. Gano. He was the soul of honor and the im- 
personation of physical and moral courage. After leaving 
the command he went to the Trans-Mississippi Department, 
where he subsequently re-entered the service and won addi- 
tional laurels. 

Nothing further of interest transpired until some time in 
May following, when General Morgan was ordered to move, 
with his division, to Clinton and Wayne counties, Kentucky, 
and drive the Federals, who had effected a crossing of the 
Cumberland River, back to the north side, and if unable to 
accomplish that, to oppose their further progress in that 
region. 

Acting under these orders, General Morgan had sent 
forward the regiments of Colonels R. S. Cluke and D. W. 
Chenault, which preceded the main body several days, and 
had held the Federals at bay with dogged persistency, skir- 
mishing and fighting nearly all the time with a superior force 
of the enemy, until not only exhausted physically, but almost 
entirely out of ammunition. 

At this critical moment Colonel Smith, with his regiment 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 5 I 

and the remainder of General Morgan's command, reached 
the scene of action. Shortly after his arrival, General Mor- 
gan, having learned the situation, sent for him and said : 

"Colonel Smith, I give you the post of honor to-day. 
Take your regiment (the Fifth Kentucky) and the Ninth 
Tennessee and drive the enemy from his position." 

Thanking General Morgan for the compliment, and assur- 
ing him he would make an earnest effort to accomplish that 
end, he proceeded at once to the execution of the order. 

A strong force of Federals, under the command of Colonel 
Richard T. Jacob, of the Ninth Kentucky, with a battery of 
artillery, were strongly posted in a piece of woods in the rear 
of an open field, through which it was necessary for the Con- 
federates to pass in order to engage them. 

There was no alternative. The enemy was thus strongly 
posted, and the attacking party would be exposed to a gall- 
ing and destructive fire. But it was no time to hesitate — the 
order had been given, the work was undertaken, and if done, 
had to be done quickly. Colonel Smith ordered his men to 
dismount, placed them in line of battle, and said : 

"Soldiers, we are on Kentucky soil and I expect every 
man to do his whole duty to-day. Move at a double-quick 
until you can see the eyes of the enemy, then fire and charge. ,r 

No order was ever obeyed with more alacrity. The men 
moved forward in splendid order, at a double quick, across 
the open field, under a severe fire, but fortunately with little 
loss, and were soon upon the enemy, driving him from his 
position. Colonel Smith's loss was only six killed and fif- 
teen wounded, while that of the enemy was twice that num- 
ber killed and a number wounded and captured. The field 
was fairly won, the Federals retreating precipitately and in 
great disorder to the north bank of the Cumberland. But 
for the density of the woods, which rendered pursuit almost 



52 D. HOWARD SMITH. 



impossible and enabled them to get their guns away, the 
whole force of the enemy would have been captured, with 
the guns, the Third and Sixth Kentucky regiments, under 
the command of Colonel Morgan, having come up and joined 
in the pursuit. 

Among the killed in this fight was that gallant young sol- 
dier, Lieutenant J. Wallace Graves, of the Fifth Kentucky, 
who at the time was acting as orderly for Colonel Smith, and 
fell at his side with his body terribly lacerated by a shell, a 
piece of which severely wounded Captain J. E. Can trill.* 

This was known as the " Battle of Greasy Creek." Gen- 
eral Duke, in his " History of Morgan's Cavalry," referring 
to the retreat of Colonels Cluke and Chenault, and the sub- 
sequent defeat of the Federals by Colonel Smith, with the 
Fifth Kentucky and Ninth Tennessee, says: 

"A few seconds more of time elapsing, it was demon- 
strated that before we could retreat we would be forced to 
repulse the enemy. At the roar of the guns they came 
charging across the open ground, yelling like devils or 
rebels. The crash of musketry, for a minute, in the lim- 
ited space, was quite heavy. Cluke's line quickly discharged 
all of its ammunition and then gave back before the enemy's 
determined rush, without, however, losing its formation or 
any of the men turning their faces from the enemy. These 
two regiments were exceedingly reliable. 

" After this line had backed some twenty-five paces Smith's 
line came to its support, and the men in the latter, passing 
through the intervals between the files of the former, poured 
into the face of the Federals, at that time almost mingled with 
the men of Cluke's and Chenault's regiments, a volley which 

*The evening before this engagement an incident occurred, in connec- 
tion with Lieuienant Graves, worthy of mention. He was suffering from an 
unusual depression of spirits, and being asked by his comrades (W. H. Ter- 
rill and John Amsden) for the cause, replied: " I have a presentiment I am 
going to be killed to-morrow," or words to that effect. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 53 

amazed them and sent them back. As our line pressed after 
them, across the open ground, the artillery, only a short dis- 
tance off, told severely on it and continued its fire until our 
foremost were close upon the guns."* 

The result of this engagement was to give the Confeder- 
ates undisputed possession of Southeastern Kentucky for 
some time, no further effort being made by the Federals 
to cross the Cumberland. 

Until June following nothing of importance occurred ; that 
is to say, there were no "raids" nor engagements of conse- 
quence, though the command was by no means idle. It had 
a long line to guard and was constantly engaged in the ardu- 
ous duties of picketing and scouting, with an occasional brush 
with the enemy. Several very successful scouting expeditions 
were made to the north side of the river during this time, re- 
sulting in much annoyance and damage to the enemy, and 
serving to keep up the morale and efficiency of the men, 
which was always more or less affected by the monotony and 
inactivity of camp life. 

Having accomplished the object for which this expedition 
was made, on the 26th of May General Morgan returned 
with his command to Alexandria and Liberty. 

The First Brigade was stationed on the Lebanon Pike and 
the roads to Carthage and Statesville, with headquarters at 
Alexandria. 

The Second Brigade, under the command of Colonel Adam 
R. Johnson, was stationed on the Murfreesboro Road, with 
headquarters at Auburn. 

The total effective strength of the command at this time 
was about twenty-eight hundred men. It was in better con- 
dition than it had been at any previous time in its history, 

* Duke's History of Morgan's Cavalry, 393. 



54 D. HOWARD SMITH. 



being well provided with horses and having but recently re- 
ceived a supply of clothing and arms, both of which were 
sorely needed. 

The time was spent in picketing, scouting, and disciplin- 
ing the men. They stood sorely in need of the latter. At 
no time was that what it ought to have been. This, indeed, 
was the great trouble throughout the Confederate army — that 
the highest discipline was not always enforced. This was 
one thing that gave the Federals the decided advantage to- 
wards the close of the war. 

So far as the relative courage of the soldiers was con- 
cerned, there can be no doubt that, as a rule, the Confeder- 
ate soldier was the superior, and as a general thing better 
officered. This was demonstrated by the fact that almost 
invariably, where there was anything like an equality of num- 
bers, the Confederates were victorious, and the fact that they 
were able to hold out so long against such vast odds and the 
inexhaustible resources of the North, despite this great lack 
of discipline in their armies, so essential to a successful war- 
fare. 

This deficiency of the Confederate soldier was due largely 
to this very fact of his superior personal courage, which made 
him too high-spirited to submit to a strict discipline, especially 
where submission appeared to him servile and a reflection on 
his manhood, and not to any general laxity or inefficiency 
of the officers, who were generally firm and efficient men. 
The difference was that marked difference always between 
the volunteer and what maybe termed the " regular" sol- 
dier — the former doing pretty much as he pleases, the latter 
knowing nothing but to obey. 

Had it been otherwise, though, it could only have pro- 
longed that struggle, for it was only a question of time, with 
the possible chance of some intervening foreign assistance, 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 55 

when the South must yield, the disparity between the two 
sections in numbers and resources being too great. 

It is not intended, by what is here said, to disparage the 
American-born soldiers in the Federal army, for they were 
generally brave men, especially those from the Border and 
Western States, many of whom had the same blood in them 
as the Southern soldier. But the Federal army was com- 
posed very largely of the foreign element — paid hirelings, 
like the Hessians in the war of the Revolution — the scum 
of Europe and the great Northern cities, who went into that 
war solely from motives of gain and pillage. 

It could not be expected that such men would evince that 
degree of courage, had they possessed it, shown by the native- 
born American soldier, fighting for his country, moved by the 
loftiest motives of patriotism. 



56 



D. HOWARD SMITH. 



CHAPTER IV. 



INDIANA AND OHIO RAID BATTLES OF GREEN RIVER BRIDGE 

AND LEBANON— MARCH THROUGH INDIANA AND OHIO DE- 
FEAT AND CAPTURE AT BUFFINGTON ISLAND SURRENDER 

OF GENERAL MORGAN. 

In the early part of June following, General Morgan con- 
ceived the idea of his raid into Indiana and Ohio. It was a 
grand conception, and, had it not resulted so disastrously, 
would have been recorded as the most brilliant achievement 
of the war. 

There were difficulties in the way of the success of the 
enterprise, which, from the outset, rendered it exceedingly 
doubtful of accomplishment and caused the gravest appre- 
hensions on the part of some of his officers, who were near- 
est to him and shared in his councils, though they were always 
ready to follow where he should lead. 

Besides having to cross the State of Kentucky, strongly 
garrisoned at every point with Federal troops, it was neces- 
sary to march a great distance through two hostile and thickly- 
populated States, with an enemy at every turn with abundant 
facilities for communication and the transportation and con- 
centration of troops. Then it was necessary to cross the 
Ohio River twice — in entering those States and in making 
his exit from them, leaving that river in his rear and taking 
the chances of being able to ford it near its source. This 
alone was an extremely hazardous undertaking, owing to the 
frequency of floods in the Ohio. Whether he would be able 
to recross it, even though he might pass successfully through 
those States, was exceedingly doubtful. For, in addition to 
the danger of floods in the river at that season of the year, 
which was great, especially near its source, there was the 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 57 

danger of gunboats preventing him from crossing, though 
the river might be fordable in places. The result showed 
how well-grounded these apprehensions were. 

General Morgan was aware and not unmindful of these 
difficulties and dangers, and had taken every possible pre- 
caution against them, by sending competent and reliable men 
to inspect the fords of the upper Ohio and posting himself 
as thoroughly as it was possible as to the available strength, 
resources, and position of the enemy along the line of his 
proposed raid. Having taken these precautions, and im- 
pressed with the necessity of such a move at that time, as a 
means of diverting the enemy under Rosecrans, who were 
pressing Bragg in Tennessee, he determined to make it, not- 
withstanding the difficulties in the way of success and the 
fact that General Bragg, in whose department he was, had 
ordered him to confine himself to Kentucky. This was 
disobedience and insubordination, but as General Morgan 
thought the end and opportunities justified the action, which, 
if successful, would merit praise and not censure, and he had 
faith in his ability to succeed. How near he came to a reali- 
zation of his hopes the sequel shows. 

With these views he at once began the execution of his 
plan of operations. 

On the 27th day of June the command, consisting of two 
brigades — the First and Second — numbering about twenty- 
four hundred effective men, with four pieces of artillery (two 
parrots and two howitzers), left Sparta, Tennessee, and crossed 
the Cumberland, near Burksville, July the 2d. Here they 
were met by a portion of the forces of the Federal General 
Judah, which were defeated in a sharp, quick contest. 

Early next morning the command pushed on to Columbia,. 
Kentucky, where they encountered the advance guard of 
Wolford's celebrated Kentucky cavalry, numbering about 

5 



1 



58 D. HOWARD SMITH. 



two hundred and fifty men, dispersing them, killing seven 
and wounding fifteen, the Confederates losing two killed and 
two wounded. Among the wounded was the gallant Captain 
J. T. Cassell, of Colonel Morgan's regiment, who was shot 
in the thigh. 

As the troops passed through Columbia some of the men 
acted in a most disgraceful manner, breaking open and plun- 
dering a store. As soon as General Morgan was apprised of 
it he compelled a restitution of the goods and punished the 
offenders. 

On the night of the 3d the command encamped about 
eight miles from Columbia, on the Lebanon Road, and early 
next morning (July 4th) moved in the direction of Green 
River. 

It was ascertained by a scouting party, sent out for the 
purpose, that the enemy, about four hundred strong, under 
the command of Colonel Moore, of Michigan, was strongly 
intrenched at Green River Bridge, and General Morgan de- 
cided to attack him. Before making the attack, however, 
he sent in a flag of truce, demanding a surrender. Colonel 
Moore very coolly replied : ' * If it was any other day I might 
consider the demand, but the 4th of July is a bad day to talk 
about surrendering. I must, therefore, decline." 

Approaching rapidly, General Morgan found that the Fed- 
erals were well posted, with natural advantages of position, a 
heavy abatis, and strong intrenchments. Immediately in front 
of these they had felled timber, making the works almost un- 
approachable. To get at them it was necessary for the men 
to pass over this timber, thus completely exposing them to 
the fire of the enemy. 

The regiments of Colonels D. W. Chenault and A. R. 
Johnson were first put in action. At the command to ad- 
vance, the men rushed forward with enthusiasm, and were 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 59 

soon close upon the enemy's works, when they were stopped 
by the fallen timber and fell fast under the withering fire of 
the enemy. The Fifth Kentucky was then ordered forward, 
but, after a desperate struggle, it was also forced to retire 
with severe loss. 

General Duke, in his account of this fight, says : 

' ' General Morgan ordered me to send a regiment to 
Colonel Johnson's support and I sent the Fifth Kentucky. 
Colonel Smith led his men at a double-quick to the abatis, 
where they were stopped, as the others had been, and suf- 
fered severely. The rush through a hundred yards of under- 
growth, succeeded by a jam and crowding of a regiment into 
a narrow neck, and confronted by the tangled mass of pros- 
trate timber and the guns of the hidden foe, was more than 
the men could stand. They would give way, rally in the 
thick woods, and try it again, but unsuccessfully." 

Finding the enemy so on the alert, Colonel Smith made a 
close and thorough reconnoisance and reported to General 
Morgan that, in his opinion, the enemy could not be dis- 
lodged. Acting upon this, General Morgan withdrew his 
forces and passed Green River at a ford about one mile below 
the bridge. 

Though this was a small and unimportant affair, Colonel 
Smith regarded it as one of the bloodiest and most destruc- 
tive of the entire war, considering the length of the engage- 
ment and the numbers engaged on each side. 

Out of about six hundred men engaged on the Confede- 
rate side (only portions of the Third, Fifth, and Eleventh 
Kentucky being engaged), thirty-six men were killed and 
forty-five wounded in less than half an hour, including eleven 
commissioned officers, seven of whom belonged to the Fifth 
Kentucky alone, showing the heroic part borne by that gal- 
lant regiment. Among the killed were Colonel Chenault 



60 D. HOWARD SMITH. 



Captain Alex. Tribble, of the Eleventh Kentucky; Major 
Thomas Y. Brent and Lieutenants T. J. Current, of Bourbon 
County; James H. Ferguson, of Woodford County ; George 
W. Holloway, of Scott County (brother of the gallant Cap- 
tain L. D. Holloway), all of the Fifth Kentucky; and Lieu- 
tenant Robert Cowan, of the Third Kentucky, all brave and 
efficient officers and a severe loss to the command. In ad 
dition to these were Sergeant Weston Threlkeld, of Scott 
County, and Privates Dennis O'Nan, of Franklin County; 
James A. Headley, of Fayette County; Samuel Miles, Jr., 
of Woodford County ; S. T. Johnson and B. Fisher, of Scott 
County, and A. Boggess and Alex. Hockersmith, of Ander- 
son County, also of the Fifth Kentucky. The loss of Colonel 
Chenault and Major Brent was especially severe and deeply 
lamented. They were both very valuable officers and men 
of great personal bravery — recklessly so. But for an un- 
necessary exposure of their persons, both might have been 
spared. Major Brent had a magnificent form and the bear- 
ing and mien of being every inch the soldier he was, which 
made him a splendid mark for a bullet and among the first to 
fall. Among the wounded officers were the gallant Lieuten- 
ants James H. Ferguson, of Scott County; M. V. Gudgell,. 
of Anderson County, and Joseph M. Bowmar, of Woodford 
County, then Acting Adjutant for Colonel Smith, all of the 
Fifth Kentucky. 

Never was greater heroism and reckless daring displayed 
as on this occasion, both by officers and men, the men of the 
Fifth Kentucky, led by Colonel Smith in person, going up 
again and again to the very guns of the enemy under a most 
terrific and deadly fire, and only prevented from taking the 
works by the impenetrable mass of fallen timber, over which 
it was impossible to pass. 

The Federal commander, Colonel Moore, was a gallant 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 6 1 

and able officer, and made a heroic defense. No one could 
have displayed greater skill and judgment than he did, both 
in the selection of his position, which was impregnable, and 
in the manner in which he defended it. 

The Federals, being under cover and fully protected by 
the intrenchments and abatis, suffered less, losing, accord- 
ing to the best authenticated accounts, only nine killed and 
twenty-six wounded. 

On the evening of the 4th of July the command encamped 
within five miles of Lebanon, and the next day advanced in 
that direction. Finding the town strongly garrisoned with 
Federal troops, under the command of Colonel Charles S. 
Hanson, of the Twentieth Kentucky (a brother of General 
Roger Hanson, of the Confederate army), General Morgan 
demanded its immediate surrender, and upon that officer's 
declining to comply, began an immediate attack. After sev- 
eral hours of hard fighting, in which the regiments of Colonels 
Ward, Grigsby, Cluke, and Chenault (the latter under the 
command of Lieutenant Colonel Joseph T. Tucker), and the 
Second Kentucky, under the command of Major T. B. Web- 
ber, bore a gallant part, but without result and with little loss 
on either side, it was found that the Federals held position in 
the railroad depot, strongly barricaded, with one twenty-four- 
pound gun commanding every approach. 

The guns of Bryne's battery, in charge of Lieutenant E. 
D. Lawrence, being brought to bear upon the depot, but with 
little effect, owing to its situation on low ground and the pres- 
ence of the Federal sharpshooters, it was determined to take 
it by assault. The Fifth Kentucky was accordingly ordered 
forward and moved promptly, at a doable-quick, through open 
lots, under'a severe fire, with Colonel Smith at its head, on 
horseback, leading and cheering his men as usual. Before 
the depot was reached, however, Colonel Hanson threw out 



62 D. HOWARD SMITH. 



a white flag, in token of surrender, and, as Colonel Smith 
approached, surrendered to him in person. At this point 
Company B, of the Fifth Kentucky, under the command of 
the gallant Lieutenant John T. Sinclair, entered the depot 
and received the colors of the enemy, and Colonel Smith 
ordered Captain C. G. Campbell, of Company A, his regi- 
ment (then acting Lieutenant Colonel of the regiment), to 
throw two companies around the depot to prevent the prison- 
ers escaping and any excesses by his own men. 

Colonels Smith and Hanson had been warm personal 
friends from boyhood, and notwithstanding the bitter preju- 
dices and personal animosities engendered by the war, this 
meeting was a most cordial and friendly one. Grasping 
Colonel Hanson firmly by the hand, as it was always his 
custom to do on meeting an old friend, Colonel Smith ex- 
claimed, with all the warmth and sincerity of his nature, 
"Why, Charlie, is that you?" and at once assured him he 
need have no apprehensions as to his treatment. But Colo- 
nel Hanson needed no such assurance, for he well knew r 
when he discovered into whose hands he had fallen, that he 
and his brave followers would receive every courtesy known 
to honorable warfare from such a foe as he recognized in his 
old friend. 

General Duke, in his "History of Morgan's Cavalry," 
strange to say, gives all the credit for this capture to his 
regiment (the Second Kentucky), under the immediate com- 
mand of Major Webber, and does not mention these facts ; 
but they are well authenticated by many of the officers and 
men of the command now living, who were personally pres- 
ent and eye-witnesses to what transpired on that occasion. 
The Second Kentucky was undoubtedly a splendid regi- 
ment — there was none better in the Confederate service — 
and was entitled to much credit for the part it took in 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 63 

this fight, as were the other regiments at first engaged ; 
but it would be wide of the truth, and the grossest injus- 
tice to the others (especially the Fifth Kentucky, which 
was the first to enter the depot and receive the colors of 
the enemy), to give the Second Kentucky all or the chief 
credit for this victory. 

The Confederate loss in this engagement was eight killed 
and about twenty wounded. Of this number the Fifth Ken- 
tucky lost three killed (including Sergeant William Read, of 
Company E,) and seven wounded. Among the killed were 
Lieutenants Gardner and Thomas H. Morgan, the youngest 
brother of General Morgan, a gallant young officer and the 
idol of the General. Colonel Robert A. Alston, General 
Morgan's then chief of staff, referring to his sad death, says: 

"At the order to charge, Duke's men rushed forward, 
and poor Tommy Morgan, who was always in the lead, ran 
forward and cheered the men with all the enthusiasm of his 
bright nature. Almost at the first volley he fell, pierced 
through the breast. His only words were, ' Brother Cally, 
they have killed me. ' Noble youth ! how deeply lamented 
by all who knew him ! This was a crushing blow to General 
Morgan, whose affection for his brother exceeded the love of 
Jonathan for David."* 

So great was the excitement occasioned by Lieutenant 
Morgan's death, owing to his popularity in the command, 
that an attempt was made, after the surrender, by some of 
the more impulsive ones, to take Colonel Hanson's life, and 
it would have succeeded but for the timely interference of 
Colonel Smith, who was determined to protect his prisoner 
at all hazards. Whilst he as deeply deplored Lieutenant 
Morgan's sad death as any man in the command, he regarded 

*Col. Alston's Diary. 



6 4 



D. HOWARD SMITH. 



it in its proper light — as merely one of the terrible calamities 
of war, for which Colonel Hanson could no more be held 
responsible than for the loss of any other life in that fight. 
Instead of being commended for this brave and magnanimous 
act (which was prompted only by a stern sense of duty), as 
he should have been by all — even by those who, in a moment 
of unrestrained anger, would have cast so foul a blot upon 
the fair name of the command — he incurred the enmity of 
some high in authority, who never forgave or forgot him for 
thus doing his duty. It is due to General Morgan to state 
that he was not among that number. 

A gallant ex-Confederate officer, acquainted with the facts, 
writing of this affair, says : 

"This may well be recorded as one of the most gallant 
and magnanimous acts of the war, for whilst it was the 
bounden duty of Colonel Smith to protect his prisoner 
from any violence, yet there were few men who would risk 
their own lives in an effort to roll back the tide of an infu- 
riated mob — a mob of soldiers, whose familiarity with bloody 
scenes had made human life a matter of small consequence 
when opposed to their own will. There are- many witnesses 
to this scene now living who revert to it with a shudder, but 
speak of it as an example of the highest courage — a most 
daring disregard of personal danger. As a matter of course 
this cemented the bond of friendship between Colonels Smith 
and Hanson, and up to the time of his death Colonel Han- 
son spoke of this circumstance with a deep and unmistakable 
gratitude." 

Among the wounded in this fight was that brave young 
officer, Lieutenant James F. Witherspoon, of Company H, 
Fifth Kentucky, who was shot in the arm, though not seri- 
ously, while gallantly leading his men in the charge on the 
depot. 

The fruits of this victory were four hundred and eighty 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



65 



prisoners, one twenty-four-pound gun, a vast quantity of 
stores, and many wagons and horses. 

When this fight occurred, two Michigan regiments were 
not a great distance off, on the Harrodsburg Pike, but did 
not begin to move until after the surrender. Wishing to 
avoid any further conflict at that time, for which there was 
no necessity, General Morgan moved on to Springfield, 
Colonel Smith leading the advance. On reaching that 
point the prisoners, who had been hurried forward on the 
approach of the " Michiganders," were paroled, and the 
command moved on to Bardstown, a company having been 
previously sent to Harrodsburg to occupy the attention of 
the Federal cavalry at that place. 

Marching all night, the command reached Bardstown early 
next morning. That night Colonel Alston was captured by 
the enemy while asleep on the porch of a house at which he 
had stopped to rest. 

At this point the gallant Captain Ralph Sheldon, one of 
the best officers in the command, who had been sent forward 
with his company, from Muldraugh's Hill, to reconnoiter to- 
wards Louisville, rejoined the command. He had twenty 
Federal soldiers surrounded in a stable, and was watching to 
prevent their escape, when the command arrived, learning 
which they immediately surrendered. 

Leaving Bardstown about 10 o'clock that morning, rapid 
marches brought the command to Brandenburg, on the Ohio 
River, July the 7th. Here Captains Clay Merri wether and 
Sam. B. Taylor succeeded in capturing two fine steamers. 

From 8 o'clock a. m. on the 8th to 7 a. m. on the 9th was 
consumed in fighting back the Federal gunboats, ''cleaning 
out" three hundred militia and a number of regulars on the 
Indiana shore, and crossing the command. The first was 
effected by Captain Ed. P. Bryne, with his battery of two 



66 



D. HOWARD SMITH. 



parrots and two twelve-pounders. The second by the Sec- 
ond Kentucky, under Major Thomas B. Webber, and the 
Ninth Tennessee, under Colonel W. W. Ward, capturing the 
guard and securing a splendid parrot. 

Here the command was rejoined by one of its most daring, 
skillful, and valuable officers, Captain Thomas H. Hines, of 
the Ninth Kentucky. Captain Hines, anticipating General 
Morgan, had just returned from a raid into " Hoosierdom," 
where he had stirred up a regular " hornet's nest," and find- 
ing it too warm for him, was retiring in the best order imagin- 
able. 

On the same day, July the 9th, the command marched on 
Corydon, Indiana, fighting near there a large body of militk, 
capturing a number and dispersing the remainder. From 
thence they moved, without halting, through Salisbury and 
Palmyra to Salem. At the latter place one hundred and fifty 
militia were encountered and dispersed by twelve men of the 
advance guard, under command of Lieutenant Welsh, of the 
Second Kentucky. It was at this point General Morgan first 
learned, through his operator (G. A. Ellsworth), the station 
and number of the enemy : That Indianapolis was full ; that 
there were fully two thousand at New Albany ; that about 
three thousand had arrived at Mitchell, and that altogether 
there were between twenty-five and thirty thousand men 
under arms to oppose him. 

Remaining at Salem long enough to destroy the railroad 
bridge and track, a scout was sent to the Ohio & Mississippi 
Railroad, near Seymour, to burn two bridges and a depot 
there, and destroy the track, which was soon effected. 

Leaving Salem at 2 o'clock, by rapid marching the com- 
mand reached Vienna, a small place on the Indianapolis & 
Jeffersonville Railroad, about dusk. Having captured the 
telegraph operator at this point before he could give the 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



67 



alarm, General Morgan again called Ellsworth into requisi- 
tion and by this means obtained some valuable information. 
Among other things, it was learned that orders had been 
issued to the militia to fell timber and blockade all the roads 
the Confederates would likely travel. 

Taking the Lexington Road from this place, after riding 
all day that place was reached at nightfall, where a number 
of supplies were captured and the depot destroyed. Early 
next morning the command moved on Paris. Colonel Smith 
was sent by General Morgan to make a feint movement 
against Madison, for the purpose of diverting the attention 
of the Federal troops, who occupied that place in strong 
force. 

While this was being accomplished by Colonel Smith, the 
remainder of the command moved quietly through Paris to a 
point near Vernon, where he rejoined them. Here it was 
ascertained that a strong Federal force occupied Vernon. 
General Morgan, not caring to engage them, after making 
a feint movement against the place by throwing out skir- 
mishers and demanding its surrender, moved around Ver- 
non to Dupont, reaching that point early next morning. 
At this place was an extensive pork-packing establishment, 
containing a large number of hams, to which the men helped 
themselves. It is narrated, by those who witnessed it, as a 
most amusing sight to see each man with a ham strung to his 
saddle, and so it must have been. 

The men had now been marching almost incessantly since 
they crossed the Ohio River, stopping only at short intervals 
to rest and feed themselves and horses, and sleeping in their 
saddles as they rode along. The fatigue was fearful. Only 
those who participated could have any idea what the men 
endured during that time ; and the end was not yet. 

The whole country along the line of march was aglow with 



68 



D. HOWARD SMITH. 



bonfires in celebration of the surrender of Vicksburg. The 
people had no idea that a " rebel" was within two hundred 
miles of them, and their surprise and dismay can better be 
imagined than described when they found it was not only 
true, but that it was the "terrible John Morgan," of whom 
they had as great a horror as did their soldiers. 

Everywhere were found deserted houses, in the utmost 
confusion, with bread cooking in the oven and meat on the 
griddle, showing that the occupants had not only "stood 
upon the order of going, but went at once." 

From Dupont the command proceeded to Versailles, cap- 
turing there and on the road about five hundred prisoners. 
Near this place an incident is narrated to have occurred worthy 
of mention : 

' ' Captain P. , a Presbyterian Chaplain and former line 
officer of one of our regiments, wishing to change steeds, 
moved ahead, flanking the advance and running upon a 
full company of State militia. He boldly rode up to them 
and inquired for the captain. Being informed there was a 
dispute as to who should lead them, he volunteered his ser- 
vices, expatiating largely upon the part he had played as an 
Indiana captain at Shiloh, and was soon elected to lead the 
valiant Hoosiers. Twenty minutes spent in drilling inspired 
•confidence, and when the advance of Morgan's command had 
passed without Captain P. permitting them to fire, he ordered 
them into the road and surrendered them."* 



From Versailles the command moved, without interrup- 
tion, to Harrison, Ohio, burning a fine bridge there, and 
destroying the track and burning several small bridges on the 
Lawrenceburg & Indianapolis Railroad. Leaving Harrison 
at dusk, the command marched rapidly in the direction of 
Cincinnati, passing within seven miles of that city at a point 

* Diary of A. A. General S. P. Cunningham. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



6 9 . 



between there and Hamilton, and a scout running the Fed- 
eral pickets into the city. 

Here General Morgan expected to be opposed by the com- 
bined forces of Burnside and Judah, and anticipated great 
difficulty in escaping their "clutches," the command, by this 
time, being reduced to less than two thousand effective men, 
and these, broken down and dispirited from the excessive 
fatigue of constant marching and loss of sleep, were in no 
condition to encounter fresh troops, and regulars at that. 
But his apprehensions were groundless, for those gentlemen 
were concentrating their forces at another point and were not 
yet prepared to meet him. 

July the 14th and the night following, the command made 
a circuit of not less than one hundred miles, passing near to 
" Camp Dennison." During this night's march many of the 
men rode along fast asleep. They were so exhausted, from 
continued exertion and loss of sleep, that but for the untir- 
ing efforts of the officers, hundreds would have fallen by the 
roadside and into the hands of the enemy. Many did, de- 
spite all that could be done to prevent it. 

Nothing of consequence occurred after leaving the vicin- 
ity of "Camp Dennison," except at "Camp Shady," where 
seventy-five Government wagons and a vast quantity of forage 
was destroyed. 

Until July the 14th the command was constantly on the 
march over bad roads, making detours, threatening Chilli- 
cothe and Hillsboro on the north and Gallipolis on the south. 
The whole country was up in arms and swarming with militia, 
who, but for their inefficiency and cowardice, might have cap- 
tured or destroyed the entire command before this. Hun- 
dreds of them were captured daily, and often without the 
firing of a gun or the loss of a man. Blockaded roads, am- 
buscades, and bushwhackers were encountered on every side. 



JO 



D. HOWARD SMITH. 



The constant cry was " axes to the front " and the men were 
continually reminded of the dangers ahead and warned of the 
meshes into which they were gradually being drawn. 

Of the hardships and sufferings the men were called upon 
to endure during this fearful ride, no one could have any idea 
save those who participated. Colonel Smith thus graphically 
describes it: 

/ 
"Never did mortals endure greater hardships, since Na- 
poleon's retreat from Moscow, than did the officers and men 
of General Morgan's command on that raid into Indiana and 
Ohio. I dare say none that were engaged in it will ever 
forget it. I am sure I never shall. The loss of sleep was 
terrible ; it was this that fatigued me most. For twenty days 
and nights we were almost constantly in the saddle, taking 
little or no rest except what we could get on our horses, 
many of the men riding along fast asleep." 



Worn out and dispirited, the command reached Portland, 
a small place on the Ohio River, near Buffington Island, at 
about 8 o'clock p. m. on July the 18th. At this place was a 
ford, guarded by several hundred regular infantry, who were 
strongly intrenched behind earthworks, mounted with two 
heavy guns. General Morgan was desirous of crossing the 
river here, but before this could be done it was necessary to 
take these works, which commanded the ford. Any attempt 
to cross the river, in the face of such a fire as the Federals 
could bring to bear upon them, would cause too great a sac- 
rifice of life. 

General Morgan consulted those of his officers nearest to 
him as to the propriety of attacking the works and attempt- 
ing to cross the river that night. There were strong reasons 
why he should not do so. The night was intensely dark, he 
was unacquainted with the ground, and had no guides. The 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. J I 

tnemy were in position, strongly intrenched, with heavy artil- 
lery, and had only to keep position and fire straight ahead, 
while General Morgan would be under the necessity of pre- 
serving his lines, and there was great danger of the men 
mistaking each other for the enemy in the darkness of the 
night. Moreover, if the attempt failed, the darkness would 
add to the confusion and might result in the complete de- 
moralization of the men. To make an attack under such 
circumstances as these would be extremely hazardous. On 
the other hand there was danger in delay. If he did not 
cross the river that night, he would, in all probability, have 
to contend with vast odds the next day. For, as he was well 
aware, the enemy in strong force, under Generals Hobson and 
Judah, were rapidly approaching on all sides. Moreover, 
the river having risen several feet, there was the additional 
danger of the arrival of the Federal gunboats before morn- 
ing, which General Morgan had every reason to believe were 
near. Even though he might be able to elude or cut his way 
through the land forces, he would have them to contend with, 
for which he was not prepared, his artillery ammunition being 
nearly exhausted — having only three cartridges to the gun 
left, and small arms being of no avail against gunboats. 

General Morgan weighed these reasons pro and con and 
concluded not to make an attack or attempt to cross the river 
until morning. This proved to be a fatal mistake, though 
had he acted otherwise it might have proven equally disas- 
trous. The odds were against him in either case, and any 
decision he might have made could not, perhaps, have 
changed the result. 

Efforts were made during the night to find other fords, 
but without success. 

Early next morning Colonel Smith was ordered to take 
his regiment and the Sixth Kentucky, under the immediate 



72 



D. HOWARD SMITH. 



command of Major W. G. Bullitt, and attack the works. He 
received the order at about 3 o'clock a. m. and proceeded, 
with his accustomed promptness, to its execution. 

On approaching the works, he discovered they had been 
evacuated and the guns spiked and otherwise disabled. Also, 
that the enemy had left only about an hour before. Through 
a lack of vigilance on the part of the scouts stationed to watch 
the enemy, General Morgan was not apprised of this fact. 
Had he have known it in time, he could have crossed the 
entire command before the Federals came up. Thinking that 
the enemy had taken the Pomeroy Road, Colonel Smith was 
ordered to take that road in pursuit. He had not proceeded 
far before the Federals appeared in his front in strong force. 
He immediately opened upon them, killing and wounding a 
number and capturing one piece of artillery and a number of 
prisoners, including the Adjutant General of General Judah 
and all of his official papers, from whom he learned that 
Judah was approaching in strong force, according to these 
papers about five thousand in number. Among the killed 
in this fight, on the Federal side, was Major McCook, the 
father of the noted Federal General McCook. Colonel 
Smith's loss in this engagement was only one man killed 
and three wounded. He sent the captured officers at once 
to General Morgan, with news of the fight and his situation. 
General Morgan thereupon ordered him to hold the enemy 
in check and fight as long as he had power. This he did well 
and persistently for several hours, until General Morgan and 
a large portion of his command were able to escape, and until 
he was completely environed, overpowered by a vastly su- 
perior force of the enemy, and compelled, in mercy to a 
worn-out and disheartened soldiery, to surrender. 

General Duke, who, during the fight, had gallantly come 
to his assistance, was included in the surrender. Also, 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



73 



Colonels R. C. Morgan and W. W. Ward, and Majors W. G. 
Bullitt and R. S. Bullock, and other officers, who had been 
forced into a ravine by a charge of the enemy and cut off 
from their commands. 

The total number of prisoners taken by the enemy in this 
fight was about eight hundred, the remainder of the com- 
mand having either escaped across the river or with General 
Morgan, who, in the meantime, had fallen back and eluded 
the enemy. 

Colonel Smith thus describes this affair and the part he 
took in it: 



" Early next morning (July 19th) Colonel Duke came to 
my quarters and said : 

" ' Colonel, General Morgan wants you to take your regi- 
ment and the Sixth Kentucky and go down the river about a 
mile or so, and take an earthwork thrown up by the enemy, 
and their guns, mounted for the purpose of commanding the 
ford. I will go with you, Colonel. ' 

"I had my men mounted immediately and proceeded to 
execute this order. On reaching the works, it was found 
that the enemy had evacuated, spiking and disabling their 
guns. Taking the Pomeroy Road, which way, it was sup- 
posed, the garrison had retreated, I moved slowly and cau- 
tiously. At about daylight I came upon the advance guard 
of General Judah and attacked them, killing and wounding a 
number and taking a number of prisoners, together with all 
of their artillery. Among the captured was the Adjutant 
General of General Judah, who informed me of the heavy 
advance of the enemy then approaching. I at once reported 
this fact to General Morgan and Colonel Duke (who was then 
with the General) by courier, and placed my command in 
position to receive the enemy. In less than an hour they 
appeared in such force that it seemed the whole face of the 
earth was covered with them. I immediately opened on them 
with two pieces of artillery and with small arms, with what 
effect I could not tell. But it is known that quite a number 

6 



74 



D. HOWARD SMITH. 



of saddles were emptied. They also opened on me very 
promptly with shell and minnie, and commenced moving on 
my flanks, which made it necessary for me to fall back and 
take a new position, which I did in good order. In the 
meantime two gunboats, mounting two guns each, appeared 
on my left in the river and opened a most terrific fire on my 
men, and on my right the bluffs were covered with the enemy's 
skirmishers, firing into me with small arms. Very soon Gen- 
eral Morgan began to retreat, and I found myself with but 
two small regiments — my own and the Sixth Kentucky — 
about five hundred men only, covering that retreat, con- 
fronted by fearful odds. There was but one road for re- 
treat and that a very narrow one. 

'■The enemy was firing into me furiously from my front 
and enfilading fires were poured into my right and left flanks. 
I had in the meantime lost all my artillery, including that 
which I had captured in the morning. The air seemed liter- 
ally filled with one sort of dread missile or other. It is a 
matter of great surprise to me that the whole command 
was not killed or captured then and there. But as it hap- 
pened, we had not altogether exceeding twenty-five killed 
and wounded and not more than eight hundred taken prison- 
ers. Never did men behave with greater coolness and valor 
than did the men of the Fifth and Sixth Kentucky on this 
trying occasion. But for their inflexible courage the whole 
command would undoubtedly have been captured in the bot- 
tom opposite Buffington Island. 

"My loss in killed and wounded did not exceed ten men. 
Colonels Duke, Dick Morgan, and Ward, and Majors Bullock, 
Bullitt and myself, together with other officers, were cut off 
from the main command and captured. 

"General Morgan succeeded in falling back and escaping 
with most of his command. Shortly after I had commenced 
to retreat, Colonel Duke appeared and assumed command of 
the small brigade in my charge. He behaved with signal 
gallantry, as he always did, but it was all of no avail. We 
had been overtaken by overpowering numbers and every ford 
was guarded and protected by either the two gunboats in the 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 75 

river or by a superior force on land. No energy, courage, or 
skill would avail anything. The fates had overtaken the gal- 
lant and indomitable Morgan and he was bound to succumb. 
He could personally have escaped, and some of the officers 
and men urged him to do so, but he declined, saying that he 
would share their fate. 

" In consequence of our covering the retreat of the divis- 
ion, Colonel Duke and myself were among the first to be 
captured. The officer to whom we surrendered belonged to 
a Michigan regiment, whose name I can not now recall. He 
treated us with great kindness and consideration, as did all 
the officers and men with whom we came in contact, with a 
single exception, which was promptly rebuked by the rank- 
ing officer present. I admire and respect a true soldier and 
gentleman, even though he be an enemy on the field, for such 
invariably treat their prisoners kindly. No man, except a 
blackguard and coward, will ever treat his prisoner with un- 
kindness or disrespect." 

General Duke, referring to the part taken by Colonel 
Smith in this engagement, says : 

* ' As soon as the day dawned, the Fifth and Sixth Ken- 
tucky were moved against the work, but found it unoccupied. 
It had been evacuated during the night. Had our scouts, 
posted to observe it, been vigilant, and had this evacuation, 
which occurred about 2 p. m., been discovered and reported, 
we could have gotten almost the entire division across before 
the troops coming from Pomeroy arrived. The guns in the 
work had been dismounted and rolled over the bluff. I im- 
mediately sent General Morgan information of the evacuation 
of the work and instructed Colonel Smith to take command 
of the two regiments and move some four or five hundred 
yards further on the Pomeroy Road, by which I supposed 
the garrison had retreated. In a few minutes I heard the 
rattle of musketry in the direction the regiments had moved, 
and riding forward to ascertain what had occasioned it, found 
that Colonel Smith had unexpectedly come upon a Federal 
force advancing upon this road. He attacked and dispersed 



7 6 



D. HOWARD SMITH. 



it, taking forty or fifty prisoners and a piece of artillery, and 
killing and wounding several. This force turned out to be 
General Judah's advance guard, and his command was re- 
ported to be eight or ten thousand strong and not far off. 
Among the wounded was one of his staff, and his Adjutant 
General was captured. I instructed Colonel Smith to bring 
the men back to the ground where they had been formed to 
attack the work, and rode myself to consult General Morgan 
and receive his orders."* 

Thus did Colonel Smith, for several hours, with two small 
regiments (the Fifth and Sixth Kentucky), numbering to- 
gether not more than five hundred men, hold at bay the 
entire force of General Judah, estimated, according to the 
best authenticated accounts, at about five thousand regu- 
lars, whilst Colonel A. R. Johnson, with a small brigade,, 
confronted General Hobson, who was approaching, on the 
Chester Road, with about three thousand men, until Gen- 
eral Morgan, with the remainder of the command, was able 
to make good his retreat. 

In addition to these vastly superior forces in their front, 
they were subjected to a terrific fire of the gunboats on their 
left, which shelled them furiously. It is no wonder they 
were at last forced to succumb. How these brave men were 
able to stand their ground as long as they did and escape 
utter annihilation, in the face of such odds and under such a 
galling fire as was poured into them from all sides at once, 
was a miracle. 

General Duke had sent several couriers to General Mor- 
gan, asking for his regiment (the Second Kentucky), which 
he wished to post on the ridge on his right and to cover that 
portion of the line, which was extremely weak and exposed 
to the enemy, who had appeared in strong force in that quar- 

* Duke's History of Morgan's Cavalry, 448. 






LIFE, ARMY RECORD, AND PUBLIC SERVICES. J'J 

ter. That regiment, which was anxiously expected, not hav- 
ing arrived, Colonel A. R. Johnson offered him a detachment 
of his brigade for this purpose. But General Duke, believing 
that his regiment would be up in time, declined the offer. 

After the surrender, Colonels Smith and Duke, together 
with a number of other officers and men, were marched ten 
miles down the river on foot, under a hot July sun, placed 
•on board a transport, and taken to Cincinnati. This march 
told severely on them, after all they had gone through, and 
was more than some of them could stand, several almost 
fainting on the road from the heat and sheer exhaustion. 

There was no occasion or excuse for such treatment as 
this, for at the time there was a boat lying at the wharf near 
by, on which the prisoners could as easily have ridden. This 
was done, it is said, by the order of General Judah, who, 
for some reason, entertained an inveterate prejudice against 
General Morgan and his command, doubtless because of the 
superior generalship he had shown in flanking and eluding 
that gentleman, and the sound thrashing he administered to 
a portion of his command when he attempted to dispute 
General Morgan's passage into Kentucky, and on several 
other occasions, for which Judah never forgave or forgot 
him. It must be admitted, however, in extenuation of this 
offense, that such impressions as these are rarely ever effaced, 
especially when made upon first acquaintance and in such a 
positive manner as in this instance, even from the memory 
of better men than Judah. It could, therefore, hardly be 
expected that he would have any admiration or love for those 
who had made such an impression on him. 

Some days later, General Morgan, being pursued by the 
•enemy, in strong force, under Hobson, after several times 
•eluding him, was overtaken and captured, with the remnant 
of his command, in the extreme eastern portion of Ohio. 



78 



D. HOWARD SMITH. 



Finding he would have to surrender, the enemy having him 
completely surrounded and further escape being utterly im- 
possible, General Morgan sought to obtain for himself and 
men the best terms possible. For this purpose he had an 
interview, under a flag of truce, with a Captain Burbeck, of 
the Ohio militia, from whom he knew he could get better 
terms than from any officer of the regular troops. Burbeck, 
flattered by the offer and proud of the distinction of accept- 
ing the surrender of such a man as Morgan, was ready to 
grant any terms. General Morgan accordingly surrendered 
o him upon the condition that both the officers and men 
were to be paroled, the officers retaining their horses and the 
men their horses and side arms. 

This arrangement was, however, subsequently disapproved 
by General Shackleford, the second in command to General 
Hobson, who, on his arrival, took immediate steps to pre- 
vent its execution. The brave and chivalric Woolford, with 
his accustomed generosity to prisoners, and other Federal 
officers who had been General Morgan's prisoners, sought to 
have the terms of the surrender observed, but despite their 
efforts they were not carried out. 

Colonels Warren Grigsby and A. R. Johnson, Captains 
Ed. P. Bryne and S. P. Cunningham, A. A. General to 
Colonel Johnson, and Lieut. Jas. F. Witherspoon, together 
with other officers and men to the number of between three 
and four hundred, succeeded in crossing the river and escap- 
ing into West Virginia. There they reorganized, and after 
a perilous journey, in which they endured many privations 
and hardships, reached the Confederate lines in safety. Gen- 
eral Morgan, who was well mounted, had reached the middle 
of the river and could as easily have crossed and escaped with 
them, but seeing that the greater portion of his command 
would be left behind, returned, against the urgent protests 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. Jg 

of some of his officers and men, to share their fate. This 
was an unselfish and noble act and characteristic of the man, 
who could not bear the idea of seeming to desert his brave 
followers, who had stood by him to the last and shared 
with him the common hardships and dangers of that fearful 
ride. 

Had not the gunboats come up about that time and cut 
them off, the greater part of the division would have crossed 
the river and escaped. Thus ended the most memorable, and 
in many respects brilliant, raid of the war. For whilst it 
resulted most disastrously to the command, and entailed a 
serious loss on the Confederacy in the capture of one of its 
most dashing and successful cavalry leaders and his able lieu- 
tenants and brave followers, up to that time it had been most 
successful, and would have been finally so but for a rise of 
several feet in the Ohio — an event which no human power 
could prevent — which enabled the Federal gunboats to come 
up and do what the Federal land forces, with all their superi- 
ority in numbers and other advantages, had not been able to 
accomplish — cut off all retreat. 

Inside of twenty-two days General Morgan had marched, 
with his command, several hundred miles through three 
States — Kentucky, Indiana, and Ohio — the former of which 
was strongly garrisoned at every point with Federal troops, 
and the two latter hostile, thickly populated, and thoroughly 
aroused and determined to effect his capture or destruction, 
with every means and facility at command for doing so ; had 
taken and paroled in that time not less than six thousand 
prisoners, captured and destroyed six pieces of artillery, and 
destroyed railroad bridges, depots, and Government supplies, 
besides doing other damage to the enemy, not far short of 
ten million dollars.* 

* Diary A. A. General S. P. Cunningham. 



1 



8o 



D. HOWARD SMITH. 



Moreover, the object of this raid was accomplished in the 
assistance given General Bragg in Tennessee, by diverting 
from Rosecrans a large body of troops, whose services he 
needed at that time, and which, had they reached him, 
would have taken part in the battle of Chickamauga, and 
delayed for some time the fall of East Tennessee by neces- 
sitating a withdrawal of the Federal forces that were prepar- 
ing to invade that quarter in strong force. 

It is estimated that, from first to last, not less than one 
hundred thousand men, including the militia, were employed 
to oppose him, and every conceivable obstacle was thrown in 
his way. Notwithstanding these vast odds arrayed against 
him, and all the disadvantages under which he labored, Gen- 
eral Morgan accomplished the principal object of his raid, 
and but for the circumstance before mentioned — an event 
beyond his control — would have escaped with his entire 
command. 




LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



CHAPTER V. 



HIS CONFINEMENT AT JOHNSON S ISLAND AND IN THE OHIO 
STATE PRISON BARBAROUS TREATMENT OF THE PRISON- 
ERS — HIS REMOVAL TO CAMP CHASE ON M LIMITED PA- 
ROLE" HIS SPECIAL EXCHANGE, AND RETURN TO THE 

CONFEDERACY. 

After a tedious journey of three days on the river, owing 
to the slow speed of the little boat on which they were car- 
ried, the prisoners, with the exception of several who, despite 
the vigilance of the guards, escaped on the way, reached 
Cincinnati. 

It is proper to state that on this trip the prisoners were 
treated with great kindness by their captors — both officers 
and men, who had seen service and many of whom had been 
prisoners themselves, and knew how to treat a valiant but 
fallen foe, as all brave soldiers invariably do. 

The officer in immediate charge of the prisoners was a 
Captain Day, General Judah's Inspector, who was especially 
kind to them, showing them every courtesy he could con- 
sistently with his duty. The officers feeling deeply grateful 
to him for his great kindness, united in requesting him to 
accept a letter signed by each, in which they expressed in 
appropriate terms their appreciation of his kindness, and the 
hope that should he ever be so unfortunate as to become a 
prisoner himself, this evidence of his consideration for their 
situation might be of benefit to him. 

On the arrival of the prisoners at Cincinnati, they were 
marched through the streets of the city under a strong mili- 
tary escort to the city prison, where they were placed in 
confinement. The streets were thronged with an excited 
populace, who apprised of their arrival had gathered to see 
them ; and as they passed along it was with great difficulty 



82 



D. HOWARD SMITH. 



that the guard could keep the crowd back even with the 
use of the bayonet, so great were their demonstrations of 
feeling against the prisoners as well as curiosity to get a 
glimpse at the followers of the "terrible John Morgan," of 
whom they had heard so much and had such a horror, and 
who but recently had struck terror to so many of their hearts 
when he came so unpleasantly near to their city, and they 
had not the heart to go out and meet him. Their conduct on 
this occasion was in marked contrast with what it then was, 
when these now helpless prisoners were soldiers with arms in 
their hands. The soldiers guarding them, annoyed by the 
crowd pressing closely about them, and disgusted with such 
treatment of their prisoners, would remind them of this con- 
trast in strong terms, as they plied their bayonets to keep 
them back. 

After three day's confinement at Cincinnati, Colonels 
Smith and Duke, together with the other officers, were taken 
to Johnson's Island, a United States military post, in the 
northern portion of Ohio, on Lake Erie, near Sandusky, and 
the privates to Camps Douglass and Morton. On the day 
they left Cincinnati they heard for the first time with feelings 
of disappointment and sorrow of the capture of their beloved 
chieftain, who they had hoped and confidently believed had 
escaped. 

At every station along the route, from Cincinnati to 
Sandusky, great crowds assembled to witness them. Every- 
where they were met with taunts and jeers, and even threat- 
ened with violence. But for the presence of the soldiers and 
their good sense and discretion in bearing these threats and 
insults with calmness and resignation, they would have been 
led to immediate execution. If there were any sympathetic 
"copperheads " around of the Vallandingha-m sort, they made 
themselves exceedingly scarce. What a change had come 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



83 



over these people in the short time that had elapsed since 
the capture ! Only a few days before, these valiant Ohioans 
could not find a hole small enough to crawl into to escape 
these men for whose "gore" they were now so clamorous. 

When Sandusky was reached, the prisoners were placed 
on a small tug, and in a few minutes landed at Johnson's 
Island, which is only a short distance from that city, across 
the arm of the lake, which separates the island from the main 
land. 

After passing through the usual initiation into prison life, 
they were introduced without further ceremony into their new 
quarters. They had not sought this introduction, to be sure, 
and their new acquaintance was not exactly of the kind they 
would like to have made, but it was the best that could be 
done under the peculiar circumstances of the case, and they 
accepted the situation as became men — John Morgan's men. 
Nor was the fare just what they would like to have had, for 
they had been accustomed to better, especially when they 
were in the enemy's country (and it is hardly necessary to 
add, they were there often, though never before under 
such circumstances as these), but it was very good "consid- 
ering " — better than their infantry men generally got — though 
this latter fact offered little consolation to their delicate pal- 
ates and rebellious stomachs. 

Here they had the pleasure ("misery loves company") 
of meeting a number of unfortunate "rebels " like themselves. 
Among this number were some of their old comrades, who 
gave every evidence of being equally glad to see them, and 
exerted themselves in initiating them into the ways of prison 
life, and making it more endurable. Their sojourn here, 
however, was of such short duration that they had no chance 
to improve the opportunity offered. 

After a confinement of only four days at this point, they 



£4 D. HOWARD SMITH. 



were taken to Columbus, Ohio, and much to their surprise 
.and indignation, placed in the Ohio State Prison, with these 
instructions to the Warden, that ''these men should be sub- 
jected to the usual prison discipline." As they entered the 
prison to be assigned to their respective cells, they were also 
informed that they " were there to stay." 

General Duke thus describes their feelings at the time : 

"When we entered this gloomy, mansion of 'crime and 
woe, ' it was with misery in our hearts, although an affected 
gayety of manner. We could not escape the conviction, 
struggle against it as we would, that we were placed there to 
remain while the war lasted, and most of us believed that 
the war would outlast the generation. We were told when 
we went in, that we ' were there to stay, ' and there was some- 
thing in the infernal gloom and the massive strength of the 
place, which seemed to bid us 'leave all hope behind.' " * 

At Columbus the prisoners met General Morgan, who, 
with most of his officers who had surrendered with him, had 
been sent directly from Cincinnati several days before. 

The instructions given to the Warden were literally carried 
out. The next day after their arrival, the prisoners were 
taken out of their cells, stripped of their clothing, placed in 
hogsheads of water, and scrubbed by convicts. Then they 
were placed in barber chairs, and their heads shorn and 
beards closely shaven, and subjected to other indignities. 
After this was done, they were returned to their respective 
apartments, kept in close confinement, and Subjected to the 
same treatment that the regular convicts were. Colonel 
Smith thus describes their treatment : 

"On Saturday morning last all the officers on Johnson's 
Island belonging to General Morgan's Division, above the 
rank of captain, fifty-two in number, were ordered to be 

* Duke's History of Morgan's Cavalry, 468. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



8S 



removed to this place. We reached here late in the after- 
noon of that day, and were immediately marched to this 
prison, and each of us placed in close confinement in separate 
cells. And here am I to-day in a felon's cell in the Ohio- 
State Prison! And for what? Let posterity answer. The 
next morning, about 8 o'clock, we were marched out under 
guard to breakfast in the convicts' eating-room, where we 
were invited to partake of a moderately good article of baker's 
bread, butter, two pieces of very fat and indifferent ' mid- 
dling ' meat, and then we were marched back to our cells. 
Again, about 3 o'clock, we were invited to the same repast 
in the same manner. Later in the afternoon we were permit- 
ted, by special request, to come out of our cells and mingle 
with each other, and promenade up and down the hall in 
front of our doors, for one hour. We were then ordered 
back into our respective apartments. This morning, as if 
our degradation and humiliation was not sufficiently complete, 
we were marched out of our cells to the public wash-room, 
our persons stripped and washed by a convict, and our heads 
shorn, and our beards taken entirely off! And this is the 
treatment General Morgan and his officers receive for the 
kind treatment they have hitherto shown Federal prisoners 
in their hands. I have invariably treated all prisoners that 
have fallen into my hands (and they have been many) like 
brothers — and this is the return made me ! I want Colonel 
Hanson and his officers who surrendered to me at Lebanon, 
to know the return I am receiving at the hands of their Gov- 
ernment. They have hitherto expressed great gratitude to 
me for my kindness to them on that occasion, as I have heard 
from various sources, and I wish to know if they really feel 
what they have expressed. 

" General Morgan and his officers who came with him, 
reached here several days before we did, and received the 
same treatment we have, and continue to receive it. I must 
do General Morgan the justice to say — and I know him as 
well as any one, that he is the kindest and most indulgent 
man to prisoners in either army, of his rank. Numbers of 
Federal officers have so expressed themselves to me, and it 
is the truth. 



86 



D. HOWARD SMITH. 



( * It is said, with what truth I can not tell, that we are 
held as hostages for Colonel Streight and his officers. If 
this be so, we have a right to expect that we shall be treated 
as kindly as they are, and no better. This is all we ask. We 
knoiv that Colonel Streight and his officers have never re- 
ceived at the hands of the Confederate Government the 
treatment we are receiving at the hands of the Federal Gov- 
ernment. But God has been pleased to give me fortitude to 
bear with resignation all these trials, and I have no favors to 
ask, and desire my friends to ask none for me, except that I 
be treated as other prisoners of war are treated among the 
Christian nations of the earth." 

There was no justification or excuse for this treatment of 
General Morgan and his officers. It was without precedent 
in the annals of civilized warfare, worthy only of barbarians, 
and must forever remain a blot on the name of those who 
were responsible for it, and a disgrace to the government 
that permitted it. For what had these men done that they 
should receive such treatment ? They were not ' ' bush- 
whackers" or ' 'guerrillas," though they had been often 
stigmatized as such, but regular Confederate soldiers, and 
had been recognized as such by the Federal Government, 
and as such were entitled to all the consideration due to 
regular soldiers engaged in civilized warfare. 

The excuse made in justification of it — that Colonel 
Streight and his officers, who were captured by General 
Forrest in their raid through Georgia had been similarly 
treated, was a mere pretext, which the perpetrators knew at 
the time to be false. It was done, as was afterwards learned, 
by order of General Burnside, at the instance of the Gov- 
ernor of Ohio, who adopted this mode of venting his ire 
against General Morgan and his officers, for the crime they 
had committed in having the audacity to invade the sacred 
precincts of that State, and disturb the repose of its citizens, 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 87 

who had hitherto escaped the horrors of war, and now stead- 
fastly adhering to the doctrine of "States Rights," seriously 
objected to any interference in their domestic affairs. 

Had these gallant gentlemen shown half the pluck and 
skill in pursuing these men before their capture that they did 
afterwards of spite and malice in persecuting them, it would 
not have been necessary to call in the assistance of the troops 
of other States to effect their capture. 

It is due to the prison officers to state that they treated 
the prisoners with every kindness and consideration in their 
power, with the single exception of the Warden, Merion, who 
seemed to take a fiendish delight in torturing them in every 
conceivable way. General Duke thus aptly describes him : 
" Merion, the warden, would about realize the Northern idea 
of a Southern overseer. He was an obstinate man, and his 
cruelty was low, vulgar, and brutal, like his mind." 

This fellow died shortly after the war. It must have re- 
quired a considerable stretch of divine mercy to have spared 
him so long. Such was the detestation in which he was held 
by the prisoners, that it is safe to say, had he ever ventured 
south of the Ohio River, or crossed some of their paths, he 
would have taken an earlier departure. It is to be hoped he 
has passed to his reward. 

Outrageous and unparalleled as was their treatment, and 
the feeling it produced of deep indignation in the breasts of 
the prisoners, there was a ludicrous side to it. Whilst some 
of the officers were being shaved who were so fortunate as to 
be the possessors of exceedingly fine beards, mustaches, and 
locks that even Samson might have envied, several of their 
comrades, who were less fortunate in this respect and dis- 
posed to make the most of the situation, sought, with an 
"affected gayety of manner," as General Duke expresses it, 
to poke fun at them. But these gentlemen, having every- 



88 



D. HOWARD SMITH. 



thing to lose by the operation and feeling keenly their loss, 
were not disposed to take this view of it ; and wholly unable 
to agree, with Mr. Talleyrand, that language was given to 
conceal rather than express our thoughts, were not slow 
to make known their disapproval of it in strong and un- 
mistakable terms. General Duke, who was among these 
unfortunates, and had little to lose by the operation, thus 
humorously describes it: 

"Some young men lost beards and mustaches, on this 
occasion, which they had assiduously cultivated, with scanty 
returns, for years. Colonel Smith had a magnificent beard, 
sweeping down to his waist, patriarchal in all save color — it 
gave him a leonine aspect that might have awed even a bar- 
ber. He was placed in a chair, and in less time, perhaps, 
than Absalom staid on his mule after his hair had brought 
him to grief, he was reduced to ordinary humanity. He felt 
his loss keenly. I ventured to compliment him on features 
which I had never seen till then, and he answered, with as- 
perity, that it was no jesting matter." 

Although rather matter-of-fact than given to levity, there 
was no one who had a keener relish for a good joke, or who 
could more thoroughly appreciate one, ordinarily — even when 
made at his own expense — than Colonel Smith, as all will 
testify who knew him well. But this was no ordinary occa- 
sion and he realized it to the fullest extent. 

During their stay at this prison the officers passed their 
time in a variety of ways, such as their tastes and inclinations 
suggested and the rigor and discipline of the prison rules and 
regulations would permit. The confinement told severely on 
all who had been accustomed to an active life, and especially 
on those who were not as stout as their comrades. Among 
the latter class was Colonel Smith, who, though apparently 
robust, was not really so. He was in bad health when he 






LIFE, ARMY RECORD, AND PUBLIC SERVICES. 89 

entered the army and owed his restoration to the active life 
of the service, and, now that he was deprived of it, was in 
danger of a relapse. It was his firm belief that, had he re- 
mained in this prison much longer, he would not have sur- 
vived its hardships and barbarities. 

It is hardly necessary to say the prisoners bore their mis- 
fortunes with becoming fortitude and resignation. For they 
were not of that stamp of men who could easily be " downed " 
even under the most arduous and trying circumstances, such 
as these were. 

After remaining in the Ohio State Prison some four or five 
weeks, Colonel Smith was removed to Camp Chase under a 
" limited parole " — an alleviation of his condition which could 
only be appreciated by one who had suffered the horrors of 
the Ohio Bastile. 

It is proper to state, in this connection, that when the 
paper granting him this parole was handed him, Colonel 
Smith declined to accept, for the reason, as he stated at 
the time, "I am not entitled to more favors than my fel- 
low officers;" and it was not until he was urged to do so 
by some of them (who, while they fully appreciated the 
feeling that prompted him in refusing this offer, understood 
fully the necessity of some change in his case, and were not 
willing that he should thus sacrifice himself, by losing such 
an opportunity, out of mere consideration for them) that he 
was prevailed on to accept. 

By the terms of this parole he was permitted to remain 
with his family (who had come to the city of Columbus for 
the purpose of seeing him), for three successive days during 
each week, and they were permitted to visit him at Camp 
Chase, on condition that during these visits he should not 
give any information he might receive that would be injurious 
to the United States. 

7 



go 



D. HOWARD SMITH. 



During his visits to Columbus, besides seeing his family, he 
was entertained by some of the first citizens of the place and 
treated with every kindness and consideration. He learned, 
after this agreeable change, that it had been effected through 
the grateful intervention of Colonel Charles S. Hanson, who 
was only too glad to manifest this sense of his memory of 
Lebanon. As soon as he ascertained this, he wrote to Colo- 
nel Hanson the following letter of acknowledgment, which 
shows how profoundly grateful he felt to him for this kind- 
ness: 

"Columbus, Ohio, September 23, 1863. 

" Co/one/ Charles S. Hanson, Louisville, Ky : 

"Dear Sir — You will pardon me for any seeming neglect 
in not acknowledging more promptly my deep obligation 
to you for your generous kindness in procuring for me the 
limited parole I am permitted to enjoy. This noble act on 
your part is all the more creditable to you from the fact that 
it was entirely voluntary. 

"It is truly a compliment to our common humanity to 
witness, in these degenerate days, such exhibitions of enlight- 
ened philanthropy. 

"Again do I thank you, my dear sir, for your kindness 
and consideration, and sincerely do I trust that you will never 
have occasion to regret what you have done. 

4 ' We truly live in the most eventful period in the history 
of Christian civilization, and are engaged, in my humble judg- 
ment, in a contest involving the most important principles 
that ever moved a great people. And it is our misfortune, ' 
in the exercise of those great inalienable rights with which 
God and nature has invested us, and which a common Consti- 
tution secured to us, to be thrown on opposite sides in this 
mighty struggle. Whilst this is the case, it is, notwithstand- 
ing, a source of unaffected pleasure and comfort to me to be 
able to say, with truth and candor, that I bear no malice to- 
ward any man for mere difference of opinion. An honest, 
true man I honor and respect, even in error, and God grant 
that I may never live to see the day when I shall feel other- 
wise. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 9I 

"War is a terrible calamity under any state of ease, but 
an internal war is especially so. And it should be the high 
duty of every Christian gentleman to do all in his power to 
ameliorate its consequences. This, I am proud to say, has 
been my constant endeavor from the very moment I first 
entered the military service of my Government to the pres- 
ent time, and with the help of God I will so continue to 
the end. 

" When I parted with you at Lebanon it was my purpose 
to have seen you again in a few moments, but I was unex- 
pectedly called off on duty and had, consequently, no oppor- 
tunity of doing so. Whatever of an unpleasant character 
occurred at Lebanon I deeply regret and deplore. 

' ' My present situation is, perhaps, as pleasant as I could 
expect under the circumstances. 

n I do not desire to impose on your kindness, but if you 
can, consistently with your views of propriety, have my pa- 
role extended so as to embrace the whole period of my prison 
life until exchanged, I shall feel deeply grateful. I should like 
also to have my area of freedom extended to the largest pos- 
sible degree consistent with precedent, requiring me to report 
at stated periods to General McLane, at Cincinnati. This 
extension of my parole, I have reasons to believe, would be 
perfectly consistent with the views of commanding officers 
here and at Camp Chase. 

' ' I would be pleased to hear from you at your earliest 
convenience. 

"Wishing you health, happiness, and prosperity, I re- 
main, very truly, your friend and obedient servant, 

"D. Howard Smith." 
1 

In consequence of the dissatisfaction caused in some quar- 
ters by the leniency thus shown a "rebel," and the distin- 
guished consideration with which he was treated by some of 
the citizens of Columbus, in October following Colonel Smith 
was again taken to Johnson's Island. Whilst en route there 
his train, containing a number of prisoners, was thrown from 



9 2 



D. HOWARD SMITH. 



the track by a misplaced rail, supposed to have been the work 
of malicious persons, and one officer killed and several se- 
verely injured, but he escaped unhurt. 

After remaining there for some time — until the 17th day 
of February, 1864 — he was notified to accompany an officer 
to the military headquarters at Sandusky. On reporting there 
he was informed that he was on his parole of honor north of 
the Ohio River, to report within ten days to General B. F. 
Butler, at Fortress Monroe. 

Under this parole he went to Cincinnati, and after spend- 
ing several days at that place with his family, proceeded to 
Fortress Monroe and reported to General Butler as directed. 
On his arrival there he learned, to his great delight, that he 
had been privately exchanged for a Colonel Dulaney, of Gov- 
ernor Pierpont's staff. As soon as the necessary arrange- 
ments were made to carry this exchange into effect, he was 
sent by flag-of-truce boat to Richmond, Virginia, reaching 
that point March 6th following. 

He was indebted, for this parole, to the further interces- 
sion of Colonel Hanson, who in the meantime had received 
his letter, written from Columbus, and, with the assistance of 
the Hon. Garret Davis, then United States Senator from Ken- 
tucky, was able to effect it. 

For his exchange he was indebted, as he subsequently 
learned, to the intervention of the Hon. W. H. Wadsworth, 
of Maysville. They had been friends of long standing, were 
both members of the old Whig party, and had served to- 
gether in the Kentucky Senate. 




LIFE, ARMY RECORD, AND PUBLIC SERVICES. 93 



CHAPTER VI. 

ESCAPE AND RETURN OK GENERAL MORGAN TO THE CONFED- 
ERACY ASSIGNED TO COMMAND OF DEPARTMENT OF SOUTH- 
WESTERN VIRGINIA AND EAST TENNESSEE REORGANIZATION 

OF HIS COMMAND — DEFEAT OF AVERILL BATTLE OF CLOYD's 

FARM LAST RAID INTO KENTUCKY. 

On his exchange and arrival at Richmond, Colonel Smith 
met General Morgan, who, previously to his exchange, had 
made his remarkable escape from the Ohio State Prison. 

By order of the Confederate Secretary of War, General 
Morgan, on his arrival at Richmond, was immediately as- 
signed to the command of the Department of Southwestern 
Virginia and a portion of East Tennessee, with headquarters 
at Abingdon, and directed to proceed at once to the reorgani- 
zation of his command. He found the command much 
reduced, the greater portion of his old division being in 
northern prisons, and the remainder not well organized. He 
succeeded, however, in bringing together two small brigades, 
to the command of one whch Colonel Smith was assigned. 

Nothing of importance transpired until early in May fol- 
lowing, when information was received of the advance of the 
Federal Generals Crook and Averill, in heavy force — the 
former upon Wytheville, for the purpose of capturing the 
lead mines near there, and the latter upon Saltville, with de- 
signs against the salt-works, the capture of either of which 
would have been a great and irreparable loss to the Confed- 
eracy. Moreover, if the former succeeded in securing and 
maintaining possession of New River and vicinity, all com- 
munication with Richmond would be cut off, and General 
Lee thus prevented from receiving supplies from all that sec- 
tion west of there, upon which he depended largely for the 
support and subsistence of his army, to say nothing of other 



94 



D. HOWARD SMITH. 



damage that might 4 be done by the enemy. It was, there- 
fore, of the utmost importance that both these movements 
should be promptly met and repulsed. 

General Morgan, fully realizing the danger of the situation r 
and impressed with the necessity of immediate action, pro- 
ceeded at once with Giltner's brigade, and the battalions of 
Captains Kirkpatrick and Cassell, of his old division, under 
the command of Lieutenant Colonel Robert A. Alston, about 
six hundred strong, to oppose Averill — and sent Colonel 
Smith, with the dismounted men, about four hundred and 
fifty in number, to the support of General Albert S. Jenkins, 
then in command of the Confederate forces near Dublin 
Depot, on the main stem of the Virginia and Tennessee 
Railroad, who was being hard pressed by Crook, with a 
vastly superior force. 

Learning, subsequently, that Averill had changed his 
track, and was now advancing on Wytheville, General Mor- 
gan anticipated him, by taking a shorter route and reaching: 
that point first, several hours in advance of his command. 

On his arrival at Wytheville, General Morgan found a 
small body of cavalry under Colonel George B. Crittenden, 
a brother of General Thos. L. Crittenden, of the Federal 
Army, who he ordered to occupy a small gap in the moun- 
tain, between Wytheville and Crocket's Cave, which was 
the nearest approach to the place, through which he knew the 
enemy would have to advance, or take a more circuitous 
route. Between 3 and 4 o'clock p. m., Colonel Crittenden 
was attacked by the enemy in full force. General Morgan 
at once came to his assistance, by passing around the moun- 
tain, and executing a flank movement upon the enemy's 
right, and threatening his rear. The Federals, as soon as 
they were apprised of this movement, fell back from before 
the gap, and took a strong position on a commanding ridge. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



95 



Colonels Alston's and Giltner's commands dismounting, and 
advancing rapidly up the ridge under a sharp fire, drove in 
the enemy's skirmishers, and soon dislodged him. Falling 
back some distance, the Federals again took position upon 
the farm of a Mr. Crocket, which they held for some time, 
obstinately contesting every inch of ground, but were finally 
dislodged from this position also, and forced to retreat with 
heavy loss. 

General Morgan's loss in this engagement was about fifty 
in killed and wounded. He captured about one hundred 
prisoners and a large number of horses. 

Before going into this fight, General Morgan found at 
Wytheville an old six-pound gun, which a number of pat- 
riotic citizens of the town had brought out to defend it on 
hearing of the Federal approach, and were attempting to 
handle, much to the amusement of some of his men. Hav- 
ing no artillery, General Morgan called this gun into requisi- 
tion and placed it in charge of two experienced artillerists — 
Edgar Davis and Jerome Clark, of Captain Cantrill's com- 
pany — and used it in the fight with telling effect. 

As usual, the officers and men behaved with great gal- 
lantry in this engagement and were highly commended by 
General Morgan for their conduct. 

This was a very important victory, for if the Federals had 
succeeded, as before stated, the Salt Works and Lead Mines 
would have fallen into their hands, which would have been 
a great loss to the Confederacy. 

While General Morgan was thus opposing Averill, Col- 
onel Smith, who had been sent to General Jenkins' support, 
was not idle. He left Saltville promptly, on the night of the 
8th, for Dublin Depot, as ordered, but, owing to an accident 
to his train, did not reach that place until about I o'clock the 
next day. There he was met by Major Stringfellow, of Gen- 



g6 D. HOWARD SMITH. 



eral Breckinridge's staff, who informed him that General Jen- 
kins and a number of his officers had been wounded — the 
former severely — and that his command was hard pressed by 
the enemy and needed assistance sorely. Relieving his men 
of their knapsacks, blankets, and other incumbrances, Colo- 
nel Smith immediately moved with great rapidity to General 
Jenkins' assistance. Shortly after leaving Dublin Depot he 
met the advance guard of General Jenkins in full retreat. 
He had been defeated and his command was panic-stricken 
and utterly demoralized. Colonel McCausland was in com- 
mand — General Jenkins having been severely wounded — and 
was bringing up the rear, with a manful but hopeless effort to 
resist the further advance of the enemy. Colonel Smith re- 
ported to him at once for orders, and was directed to take 
position in a woods upon the left of the road and hold the 
enemy in check until such time as the retreating forces could 
be rallied and brought to his assistance. 

Colonel Smith, in obedience to this order, formed his men 
in line of battle, in the woods to the left of the road, and had 
hardly assumed position before the Federal cavalry were upon 
him in full force. He permitted them to approach until with- 
in* a short range, when he opened upon them a strong volley 
with telling effect, driving them back in the utmost confusion 
and pressing them closely for fully an hour. Finally, Crooks' 
entire command came up, when, finding that Colonel McCaus- 
land did not come to his assistance, as he had promised, and 
satisfied of the superior strength of the enemy in his front, 
he fell back slowly and in good order, and joined Colonel 
McCausland at New River Bridge, several miles beyond Dub- 
lin Depot. 

In his official report of this engagement, Colonel Smith 
says: 

"On the. evening of the 8th inst. I received orders from 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. gj 

Brig. Gen. John H. Morgan to proceed with my entire com- 
mand, numbering about seven hundred and fifty men, then 
at Saltville, in Smythe County, to Dublin, to re-enforce Brig. 
Gen. A. Jenkins, who was threatened by a large body of the 
enemy under General Crook, reported to be advancing on 
him. As soon as transportation could be furnished me for 
my troops, which was not until near 12 o'clock that night, I 
proceeded by rail in the direction of the point of my desti- 
nation. But in consequence of the locomotive running off 
the track, and the insufficiency of the transportation fur- 
nished me, I did not reach Dublin until about 1 o'clock 
the next day, and with scarcely four hundred of my men, 
the residue being left at Glade Springs. 

"When I reached Dublin I found you [Major Stringfel- 
low, A. A. G.] waiting my arrival, and from you I learned 
that our forces, under Brig. Gen. A. Jenkins, had been en- 
gaged for several hours in quite a severe contest with the 
enemy, near 'Cloyd's Farm,' and the former were being quite 
hard pressed by the latter, especially on their extreme right, 
and that Gen. Jenkins had been severely wounded and com- 
pelled to leave the field, and Col. McCausland, the ranking 
officer, had assumed chief command. With as little delay 
as possibie I formed my command and moved for the scene 
of action at quick time. I had proceeded, however, but a 
short distance before it became apparent that our forces under 
Col. McCausland had been thoroughly routed and many of 
them demoralized and straggling. My command, however 
(it is but just I should say of them), moved steadily forward 
through the heterogeneous mass that impeded their progress 
until they met the enemy, who were in close pursuit (with 
their cavalry) of our receding forces. 

"As soon as I reached Col. McCausland, who was in the 
rear of his column, gallantly arid spiritedly trying to rally his 
shattered command, I reported to him in person for orders. 
He directed me to form my men on the left of the road, in 
the timber, and resist the further advance of the enemy and 
cover his retreat, promising me such support as might be in 
his power. 



9 8 



D. HOWARD SMITH. 



"This order was promptly obeyed, and in a few moments 
I engaged the advancing column of the enemy, pouring a 
most destructive fire into him and driving him back so. ,ie 
several hundred yards. I continued to engage him for more 
than one hour, driving him back at every point, until I found 
myself likely to be flanked by his overpowering numbers, 
who were rapidly and steadily closing in upon me, when I 
slowly and in good order fell back to Dublin, which I found 
had already been evacuated by the forces under Col. McCaus- 
land. From thence I proceeded to New River Bridge, under 
the guidance of a citizen, who informed me that Col. Mc- 
Causland, with his forces, had gone there. I reached that 
point with my command a short time before sunset and 
crossed the river under orders and camped for the night. 

" About 8 o'clock the next morning I was directed by the 
Colonel commanding to take one of my companies and place 
it along the bank of the river, above the bridge, to act as 
sharpshooters, to prevent the firing of the bridge by the 
enemy, and the remainder of my command I was to place in 
the rear of my sharpshooters, under the cover of a ridge, ta 
act as skirmishers in an emergency. This disposition of my 
forces was speedily made. In a short time the enemy ap- 
peared in considerable force on the other side of the river, 
when an artillery duel followed, which lasted several hours, 
after which our forces fell back, under orders, to Christians- 
burg, and from thence to Roanoke County. 

" In this last day's operations no portion of my command 
was actively engaged, except those deployed to act as sharp- 
shooters, although the whole of them were constantly exposed 
to the shells of our guns, as well as those of the enemy, 
especially when they were ordered to fall back. For more 
than half a mile, on our retreat, we were in direct range and 
in plain view of the enemy's guns, who opened a terrific fire 
upon us, but strange to say there was but one man injured, 
and he only slightly, by the explosion of a shell. 

"I feel that too much praise can not be bestowed upon 
the men who served under me on those two occasions, espe- 
cially on the first-named day. I never saw men fight with 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 99 

more coolness, spirit, and resolution. Indeed, it would have 
been difficult for men to act better than they did under the 
circumstances. Officers and men seemed to vie with each 
other in the enthusiastic discharge of their duties on this try- 
ing occasion. 

" When all acted so well, it would seem almost invidious 
to mention any, but a stern sense of duty compels me to 
speak of the gallant and heroic conduct of Lieutenant Colonel 
Robert M. Martin and Captain William Campbell, command- 
ing the First Battalion, and Major George R. Diamond and 
Captain J. G. Bedford, commanding the Second Battalion of 
my command. They were everywhere present, encouraging 
their men and almost reckless in the exposure of their per- 
sons and lives in the discharge of their duties. To Captain 
H. Rees, my Adjutant, and Captain O. O. West, acting on 
my staff as aid, I am also greatly indebted for their active and 
efficient services on the battle-field. 

"My loss in the first day's operations was four killed,, 
eighteen wounded, and thirty missing, and on the second 
day one killed and Capt. Bedford slightly wounded. Among 
those killed I regret to be compelled to mention Capt. C. S. 
Cleburne (brother of Major General Pat. Cleburne, of the 
Army of Tennessee), one of the most gallant and promising 
young officers in the Confederate service. He fell whilst 
leading his men in a charge on the enemy, mortally wounded, 
from which he afterwards died. 

"It having been ascertained, on the morning of the 13th, 
that the enemy had retired in the direction of Salt Pond 
Mountain, permission was given me by the Colonel com- 
manding to return with my command. I immediately took 
up the line of march and reached Saltville on the morning of 
the i8thinst." 

By thus repulsing the enemy, and -holding him in check 
until the defeated and demoralized forces under the immedi- 
ate command of Colonel McCausland could successfully re- 
treat, Colonel Smith saved the army of General Jenkins. 

This was a most important affair, and too much credit can 



IOO 



D. HOWARD SMITH. 



not be accorded to him, and the brave men under him, for 
their conduct on that occasion. 

General Duke, in his account of this engagement, says: 

"The dismounted men who had been sent, under Colonel 
Smith, to re-enforce General Jenkins were engaged at the 
hotly-contested action at Dublin's Depot, and behaved in a 
manner which gained them high commendation. 

"Colonel Smith reached Dublin about 10 o'clock A. m. 
on the ioth and learned that the forces under the command 
of General Jenkins were being hard pressed by the enemy, 
and that the gallant General was severely wounded. 

" Colonel Smith immediately marched, with his command, 
about four hundred strong, toward the scene of action. After 
proceeding a short distance, he found the Confederate forces in 
full retreat and some disorder. He pressed on towards the 
front, through the retreating mass. Reporting to Colonel 
McCausland (who assumed command on the fall of General 
Jenkins and who was bravely struggling with a rear guard to 
check the enemy's pursuit), Colonel Smith was instructed to 
form his command in the woods upon the left of the road and 
-endeavor to cover the retreat. 

"This was promptly done, and in a few minutes Colonel 
Smith received the pursuing enemy with a heavy and unex- 
pected volley. Driving back the foremost assailants, Colonel 
Smith advanced in turn and pressed his success for one hour. 
Then the entire hostile force coming up, he was forced to fall 
back, slowly and in good order to Dublin, which had already 
been evacuated by the troops of Colonel McCausland. 

"Colonel Smith followed thence after Colonel McCaus- 
land to New River Bridge, crossing the river just before sun- 
set, and encamping on the opposite bank. 

"After some skirmishing, on the next morning the Con- 
federates retreated, giving up the position. The fight on the 
I Oth was a most gallant one — highly creditable to the com- 
manding officer, subordinates, and men."* 

* Duke's History of Morgan's Cavalry, 517. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



IOI 



Colonel Smith's loss in this engagement was four killed, 
eighteen wounded, and thirty missing. Among the killed 
was Captain C. S. Cleburne (brother of General Pat. Cle- 
burne), a gallant and promising young officer, who, but a 
short time previously, had been promoted by General Mor- 
gan to a captaincy. He was buried by the roadside and some 
comrade placed at the head of his grave a memorial board, 
on which was inscribed, in neat lines, these words : 

''This simple mound shall long attest 

To every passer-by, 
That, dulce et decorum est 

Pro patria mori." 

This engagement was known as the battle of Cloyd's Farm. 
The defeat and loss of General Jenkins (who subsequently 
died from the effects of his wounds) and other brave and valu- 
able officers, and the destruction of property caused by this 
raid of Crook's, was considered the most disastrous in that 
quarter during the war. 

In the latter part of May, General Morgan made his 
last raid into Kentucky. Though defeated in their efforts 
against Saltville and Wytheville, Generals Crook and Averill 
were still not far off, and only waiting for re-enforcements 
to make another advance. These re-enforcements, General 
Morgan learned, were expected from Kentucky, under Gen- 
erals Burbridge and Hobson, the latter of whom, he had 
been informed, had left Mt. Sterling, on the 23d of May, 
for Louisa, on the Big Sandy River, with three thousand 
cavalry, where he expected to meet twenty-five hundred 
more, under the command of a Michigan Colonel, and with 
these combined forces to co-operate with Crook and Averill 
in a second movement against the Salt Works and Lead 
Mines in Southwestern Virginia. 

General Morgan felt that he was able to successfully op- 



102 



D. HOWARD SMITH. 



pose any of these forces singly (though the force at his com- 
mand was inferior in numbers to that of any of them), but he 
could not hope, with his small force, to defeat all combined. 
It was, therefore, very important to prevent, if possible, this 
juncture of the forces of Burbridge and Hobson with those 
of Crook and AverilU 

This it was the principal object of this raid into Kentucky 
to do, by gaining Burbridge and Hobson's rear and compell- 
ing them to return and defend all that section of country they 
had left unprotected, except by a few provost guards, who 
were no match for General Morgan and his men. But this 
was not the only object of the raid. General Morgan wished 
to retrieve the misfortunes of the Indiana and Ohio raid ; to 
recruit his decimated ranks with Kentuckians, whose services 
he valued above all others, experience and observation hav- 
ing taught him they made, as a general thing, the best soldiers 
to be found in either army; and to procure horses for his 
command, many of whom were dismounted because there 
were no horses to be had in the section where he then 
was. 

Accordingly, in the latter part of May, as before stated, 
General Morgan began his movement into Kentucky. 

His command consisted of three brigades, numbering 
about twenty-two hundred men in all. The First Brigade 
was commanded by Colonel H. S. Giltner, the Second 
Brigade by Colonel R. A. Alston, and the Third Brigade 
by Colonel Smith. Subsequently, however, on the 6th of 
June, Colonel Smith was transferred to the command of 
the Second Brigade and Lieutenant Colonel R. M. Martin 
was assigned to the command of the Third Brigade. The 
Second Brigade was composed of the mounted men of the 
old Morgan Division, and consisted of three battalions of 
the very best material — about six hundred strong — com- 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



I03 



manded, respectively, by Majors J. D. Kirkpatrick and J. 
T. Cassell, and Lieutenant Colonel James W. Bowles. 
Colonel Smith referring to this transfer says : 

"On the morning of the 6th day of June, having marched 
nearly two hundred miles in less than eight days over the 
roughest portion of Eastern Kentucky, I assumed command 
of the Second Brigade, in obedience to the orders from 
Division Headquarters. Although the General Commanding 
did me honor by transferring me to this new command, still 
I parted with my old command with sorrow and regret. I 
had been with those brave men until I had become deeply 
attached to them, and I am vain enough to think they were 
not without some respect and affection for me. I was, how- 
ever, consoled by the reflection that they were turned over 
to most competent hands — to the command of the gallant 
Lieutenant Col. R. M. Martin, the officer next in rank to 
myself." 

On the 2d of June, General Morgan approached Pound 
Gap, and learned it was occupied by the enemy in some 
force, whereupon he ordered Colonel Smith to move forward 
to the front, leaving the Second Brigade in the rear, and pro- 
ceed directly and with as much expedition as the condition 
of his men would allow to the Gap, and drive out any force 
that might occupy it. In obedience to this order, Colonel 
Smith moved steadily forward to the point indicated, throw- 
ing forward a portion of Major James Q. Chenoweth's com- 
mand of the First Brigade (which had reported to him for 
temporary duty) as an advance-guard, and as skirmishers on 
the right and left of the road on which he was advancing. 
He reached a point directly in view of the Gap a short time 
before sundown, and discovered that the enemy were in pos- 
session, but in what force it was impossible to determine. 
He immediately deployed his command, composed of two 
Sattalions, commanded by Lieutenant Colonel Robert M. 



104 



D. HOWARD SMITH. 



Martin and Major George R. Diamond, and ordered them to 
advance on the position occupied by the enemy. This order 
was obeyed with alacrity, and when within a short distance 
of the enemy's position, they were ordered to charge him, 
which was done with a yell, when he fled in confusion, leav- 
ing behind a number of horses, equipments, and a lot of 
forage, which fell into Colonel Smith's possession. 

Thus was Pound Gap, the principal gateway into Ken- 
tucky from this portion of Virginia, taken without the loss 
of a man. From thence General Morgan pressed on to Mt. 
Sterling as rapidly as the nature of the country, which is 
mountainous, and the bad roads would permit. The march 
was a severe one both on the men (especially the dismounted 
men) and the horses, the former from the excessive fatigue 
of climbing steep mountains and crossing deep ravines, and 
the latter from fatigue and lack of forage. But these brave 
men (many of them almost shoeless, and their unprotected 
feet bleeding and sore from constant marching over rough 
roads) nothing daunted, bore it all uncomplainingly and with 
fortitude and heroism. We are accustomed to regard with 
most admiration the heroism of the battle-field. But here to 
my mind is a far greater heroism — that of patient suffering 
under the most trying circumstances, requiring all the strength 
of our physical and moral natures to stand up under them.. 
Only those who have experienced this part of a soldier's life 
can have any just conception of what it is — what hardships 
and privations he is often called upon to endure. 

Colonel Smith thus describes the hardships of this march,, 
and the fortitude and heroism with which the men bore it : 



"The morning of the 3d of June dawned upon us, finding 
every officer and soldier at his post, ready for duty, nothing 
daunted by the previous days' heavy marches and other 
labors. They moved forward with eagerness and the most 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



I05 



extraordinary zeal. I witnessed them from day to day, after- 
wards, move over mountain after mountain of the most diffi- 
cult ascent, and down long, rough, meandering valleys, and 
wading streams at every few hundred yards without murmur 
or complaint, though many of them had not a shoe on their 
feet. I never before witnessed such unusual heroism. The 
conduct of this band of patriot heroes on this trying occasion 
excited my highest admiration and pride. Their conduct was 
not excelled by the veteran army of the first Napoleon, when 
they scaled the Alps, and descended to meet the legions of 
Southern Europe. I feel that there is no praise too great for 
them. It is one of the proudest reflections of my life that I 
was with them and shared their toils and sufferings on this 
memorable occasion. Their deeds should be recorded that 
they may be remembered and stand enshrined in the hearts 
of their countrymen and posterity." 

Inside of seven days the command marched over one 
hundred and fifty miles. This was wonderful marching in 
consideration of the nature of the country, and the fact that 
many of the men were dismounted, and had to march on 
foot. 

On the 7th of June, General Morgan approaching near Mt. 
Sterling, and finding that he had succeeded in anticipating 
General Burbridge, and that it would not be necessary to em- 
ploy his whole force to take the town, sent Captain Bart W. 
Jenkins with a company of men to destroy the bridges on the 
Louisville, Lexington and Frankfort Railroad, to prevent the 
arrival of re-enforcements at Lexington from Louisville. He 
also sent Major J. Q. Chenoweth with a company to tear up 
the track and burn the bridges on the Kentucky Central Rail- 
road, to prevent the arrival of troops from Cincinnati. Cap- 
tain Pete Everitt was also dispatched with one hundred men 
to capture Maysville. After accomplishing their respective 
tasks, these officers were to report to General Morgan at Lex- 
ington within three or four days. 



io6 



D. HOWARD SMITH. 



It is due to these gallant officers to state that they did 
their work well and promptly. 

Early on the morning of the 8th, the command reached 
Mt. Sterling, and finding the place occupied by a force of 
Federals, several hundred strong, General Morgan made 
preparations for an immediate attack. Portions of the 
brigades of Colonels Smith and Giltner were put forward, 
and attacking the enemy with great spirit, soon forced him to 
surrender, taking about four hundred prisoners, a vast quan- 
tity of stores, and a number of horses and wagons. 

Among the prisoners was Captain E. C. Barlow, of George- 
town, an old acquaintance and friend of Colonel Smith. 
The gallant Captain was one of those (i innocents" who 
had been lead to believe that General Morgan and his men 
were a "regular set of cut-throats," and expected to be shot 
on the spot. Learning that his old friend was among these 
*' cut-throats," he requested (as a last hope) to be brought to 
him immediately, and upon that gentleman assuring him that 
he would not only not be executed, but would actually be 
paroled and permitted to go home, he was one of the 
happiest men imaginable. 

Colonel Smith, in his report of this engagement, says : 

" Halting for an hour or so in the afternoon near McCor- 
mick's, in the county of Bath, for our horses to rest and graze, 
and our men to partake of their scant rations, we proceeded 
to Mt. Sterling, marching at night, and reaching that place at 
the dawn of day on the morning of the 8th. Here the enemy 
was found in some force, and were promptly attacked by the 
First Brigade under Colonel Giltner — that brigade being in 
the advance on that morning, who were quickly supported by 
the Second Brigade under my command. As soon as the 
firing was heard in my front, I moved up at a gallop, and on 
reaching the immediate vicinity of the enemy, the General 
Commanding directed me to form my command in a ravine 



\ 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. IOJ 

near by, and to the left of the enemy's camp, for the pro- 
tection of my horses, dismount and move to the support of 
Giltner on his right, who was then engaging the enemy as 
before stated. Before, however, this order could be exe- 
cuted, and while the men were forming in line preparatory to 
dismounting, I received another order from the Genera} 
revoking the first, and directing me to charge the town 
with the Second and First Battalions, mounted, under the 
command, respectively, of Major Cassell and Lieutenant 
Colonel Bowles, these two Battalions occupying the position 
in the order in which they are named in the column as it 
moved, and to leave the Third Battalion, under Captain Kirk- 
patrick, as a support to Colonel Giltner. This last order was 
executed with as much promptness and celerity as the nature 
of the ground and the obstructions would admit. These two 
Battalions charged into town with great gallantry, and cap- 
tured a number of prisoners, without loss. I was personally 
present with them, and bear cheerful testimony to the good 
conduct of officers and privates. 

"It is but just that I should state in this connection to the 
credit of a highly meritorious and gallant officer, Captain J. 
D. Kirkpatrick, that whilst I was attempting to have the first 
order sent to me executed, a request was delivered to me 
from him by Captain J. E. Cantrill (who likewise joined in the 
same request) to permit him to charge, mounted, with his Bat- 
talion the enemy, then hotly engaged with Colonel Giltner's 
command. I returned word to that officer that I was acting 
under orders of the General Commanding, and could not 
therefore do so, otherwise it would afford me pleasure to 
gratify his wishes." 

On the day before reaching Mt. Sterling, General Morgan 
had sent Captain J. Lawrence Jones, who was in command 
of the advance guard, with his men to guard the road be- 
tween Mt. Sterling and Lexington, and Captain Jackson, 
with a company, to guard the road between Mt. Sterling and 
Paris, with instructions to those officers to prevent* any com- 
munications between these points and Mt. Sterling. 



io8 



D. HOWARD SMITH. 



Leaving Colonel Giltner, with his brigade, and the brigade 
of Colonel Martin, at Mt. Sterling, to destroy the Govern- 
ment stores taken, and remount the dismounted men on the 
captured horses, General Morgan pushed on to Winchester, 
and from thence to Lexington, with the Second Brigade, 
under the command of Colonel Smith. 

About 3 o'clock next morning General Burbridge, who 
had come from the extreme eastern portion of the State by 
forced marches — moving with great rapidity — reached Mt. 
Sterling with a large force, and surprising Colonel Martin's 
command, which was encamped on the east side of the town, 
threw them into the utmost confusion, killing and wounding 
a number before they could rise from their blankets and 
defend themselves. Colonel Martin had ordered Lieutenant 
Colonel Brent to picket the road on which the enemy came 
a mile out, but for some reason that officer had failed to do 
so, and the enemy were upon them before they knew it. 
Colonel Martin, whose headquarters were at a house near by, 
hearing the firing, arose from his bed to find himself com- 
pletely surrounded by the enemy. Cutting his way through 
them alone, with his usual dash and reckless daring, he soon 
rejoined his men, and rallying them, succeeded in repulsing 
the enemy with severe loss. He then fell back, and forcing 
his way through Mt. Sterling, which had been occupied by 
the enemy, joined Colonel Giltner at a point about two miles 
on the other side of the town. They returned and attacked 
the Federals vigorously — Giltner in their front and Martin in 
their rear — but the latter's ammunition being soon exhausted, 
they were forced to retire. The enemy having been badly 
crippled, and doubtless thinking that Colonels Martin and 
Giltner had received re-enforcements by returning to the at- 
tack, did not offer to pursue. 

Colonel Martin's loss in this engagement was heavy, forty 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. IO9 

privates and fourteen commissioned officers being killed and 
a number wounded and taken prisoners. He was wounded 
twice. 

At about 3 o'clock on the morning of the loth of June, 
General Morgan arrived at Lexington and took possession of 
the place, after a slight skirmish with the enemy, by the ad- 
vance guard, under Captain J. Lawrence Jones, and Captain 
Thomas Quirk's company, of Cassell's Battalion, capturing a 
number of horses and destroying the Government depot and 
stables. Here Colonel Smith learned that his son, D. How- 
ard Smith, Jr., was lying dangerously ill at Georgetown. He 
accordingly obtained permission from General Morgan and 
proceeded at once to that place, with Captain Cantrill's com- 
pany as escort. From Lexington, General Morgan designed 
moving on Frankfort and taking that place, but subsequently 
•changed his plans, sending Captain Cooper, with a company 
•of men, to make a feint against the place, and rejoining 
Colonel Smith, with the remainder of the command, on the 
morning of the ioth, at Georgetown. 

Captain Cooper proceeded to Frankfort, as directed, and 
after accomplishing his mission, by driving a superior force 
of the enemy into the fortifications and alarming the town, 
rejoined the command. 

Remaining at Georgetown long enough to rest the men 
and horses, General Morgan moved on to Cynthiana, reach- 
ing that place on the morning of the nth of June. 

Before his arrival, however, he ascertained that the enemy 
were in possession of the town in considerable force, and de 
termined to attack him. For this purpose Colonel Smith was 
ordered forward with his brigade, preceded by the advance 
guard, under Captain J. Lawrence Jones, followed by Colo- 
nel Giltner (who was in Colonel Smith's rear, moving up the 
Leesburg Turnpike in the same general direction), and attack- 



no 



I). HOWARD SMITH. 



ing the enemy with vigor, after a sharp engagement compelled 
him to surrender, capturing between five and six hundred 
prisoners and a large quantity of stores. 

In his official report of this engagement, Colonel Smith 
says: 

"I was directed to move into town by way of a dirt road 
leading from the Leesburg Turnpike across Licking River, 
about three miles above Cynthiana, in the direction of Lair's 
Mill, preceded by the advance guard, under Captain J. Law- 
rence Jones, Colonel Giltner (who was in my rear) moving 
directly up the turnpike in the same general direction. When 
within less than two miles from the town, the advance guard 
came on the outer pickets of the enemy and ran them in, cap- 
turing the base and all there. We then moved up rapidly to 
within sight of town, when it was discovered the enemy were 
in some force in our front. I immediately ordered the First 
and Third Battalions to dismount, to fight and move on the 
enemy, which was quickly obeyed. The Second Battalion, 
which had been marching in the rear of the column, came 
up, and I ordered it to dismount and move to my extreme 
right and attack the enemy on his left flank. ' This order was 
also quickly obeyed. Very soon my whole command was 
warmly engaged with the enemy. He was, however, speedily 
driven back into the houses near the old railroad depot, from 
which position we could not dislodge him (having no artillery) 
without setting fire to houses in the vicinity, which resulted, 
I am sorry to say, in burning a large portion of the town. 
In less than two hours from the time we commenced the at- 
tack, the whole force of the enemy, consisting of some five 
or six hundred officers and privates, made an unconditional 
surrender of themselves and their valuable stores. My loss 
in killed and wounded was inconsiderable, whilst that of the 
enemy was comparatively large. 

" Among the killed on his side was the notorious Captain 
George W. Berry and Colonel Garris, of Cincinnati.* 

-'•Colonel Garris was thought to be mortally wounded, but subsequently 
recovered. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



I I I 



"Thus ended the fight on the nth day of June, so far as 
my command was concerned." 

While Colonel Smith was thus engaging the enemy in the 
town, General Hobson approached with about twelve hun- 
dred men. Colonel Giltner attacking him in front, and Gen- 
eral Morgan coming upon his rear with Cassell's Battalion 
(which had been sent by Colonel Smith, under orders from 
General Morgan to re-enforce Giltner), compelled him to 
surrender. 

At this time General Morgan had at his command only 
about twelve hundred men, the remainder being absent on 
special duty and detailed to guard prisoners. This was a 
splendid victory, the enemy being defeated with severe loss 
to him and slight loss to the command, and between seven- 
teen and eighteen hundred prisoners taken altogether — more 
than General Morgan had men at command at the time — to- 
gether with a vast quantity of valuable stores. 

General Morgan never displayed greater generalship than 
on this occasion, not only in the skillful manner in which he 
captured Hobson with a superior force, but in the general 
disposition of his forces. He was ably seconded by Colonel 
Giltner, to whom much credit is due. Great credit is also 
due Colonel Smith for the gallant and successful fight he made 
in the town, the enemy having every advantage, both in num- 
bers and position, seeking shelter in the houses and firing 
from the windows on his men as they charged up the streets. 
The officers and men generally behaved with great gallantry, 
recklessly exposing their persons and driving the enemy from 
house to house until he was compelled to yield. 

Remaining over night at Cynthiana, General Morgan, with 
his small force, was attacked by General Burbridge, with over 
five thousand infantry, cavalry, and artillery, and, after a des- 



112 D. HOWARD SMITH. 



perate struggle, defeated, with severe loss, and compelled to 
retire precipitately. 

Colonel Giltner, who was stationed on the Paris Pike, was 
first attacked, the enemy approaching from that direction. 
Being almost entirely out of ammunition, he fell back ; but 
Colonel Smith coming to his support with the Second Brigade, 
they made a stand and drove the Federals back with severe 
loss. The Federals receiving a heavy re-enforcement, the 
main body having by this time arrived, Colonels Smith and 
Giltner were in turn driven back. 

General Duke, in his account of this engagement, says: 

"Colonel Smith, at first, doubtful of the condition of 
affairs, did not immediately take part in the fight. His gallant 
and efficient adjutant, Lieutenant Arthur Andrews, rode to 
the scene of the fight, and returning, declared that Colonel 
Giltner required his prompt support. "* 

This statement is not correct, and does Colonel Smith 
great injustice, by leaving the impression that Lieutenant 
Andrews acted of his own accord, and not on the orders of 
Colonel Smith, whilst the facts are to the reverse, as shown 
by Colonel Smith's official report of this engagement: 

He says : 

' ' Later in the day reports reached us that the enemy were 
moving on us from the direction of Leesburg. I was accord- 
ingly ordered out to'meet him with the First and Third Bat- 
talions, the Second Battalion being on detached service. I 
moved out on that road some four or five miles and re- 
mained until sometime in the afternoon, when it was ascer- 
tained that the report of his advance from that direction was 
false. This fact being made known to the General Com- 
manding, I was directed to fall back to Cynthiana for further 
orders. When I reached town, I was ordered to take my 



* Duke's History of Morgan's Cavalry, 527. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. I 1 3 

brigade (then greatly reduced, by detaching the Second Bat- 
talion on special service, and by heavy details from the other 
two for pickets and scouts) and move out on the Ruddle's 
Mill Road to its junction with the Lair's Mill Road, and hold 
those two roads until further orders. I accordingly moved 
•out to the point designated (being only about one mile from 
town), and formed my men in line of battle, where they re- 
mained on their arms all night, and throwing out at the same 
time pickets on both of the roads in front of me. 

" About 3 o'clock next morning, the 12th of June, my 
pickets on the Ruddle's Mill Road informed me that they had 
been fired on, which fact was speedily reported to Division 
Headquarters. In less than an hour thereafter considerable 
firing was heard to the front and extreme left of me, in the 
■direction of the turnpike road leading to Millersburg, which 
gradually increased until it became apparent that a regular 
•engagement was going on. My orders being to hold the 
position I then occupied, and getting no orders to move from 
it (doubtless through the mistake of couriers), I hesitated 
for sometime as to what my duty was. Whilst in this state 
•of suspense, however, my A. A. A. General, the gallant 
Lieutenant Andrews, in obedience to orders, dashed over to 
the point where the firing was going on, to obtain information 
for me, and speedily reported back that the First Brigade, 
under Colonel Giltner, was warmly engaged with the enemy, 
that his ammunition was growing short, and that he needed 
support. I promptly, and without further hesitation, moved 
my brigade at quick time to his support, resting the right of 
my line on the Ruddle's Mill Road, to hold that road from 
any flank movement of the enemy, who I knew occupied it 
in my front, and directing the Third Battalion to oblique to 
the left and connect, if possible, with the right of Colonel 
Giltner's line. But the distance was so great between the 
Ruddle's Mill Road (which I was compelled to hold to protect 
myself), and the point at which Colonel Giltner's right rested, 
that it was impossible for me to make the desired connection. 
The consequence was that a gap existed between the two 
brigades, greatly to the disadvantage of both. 



H4 



D. HOWARD SMITH. 



"My brigade, gallantly led by its officers, attacked the 
enemy with great spirit and energy, driving him back the 
whole length of my line for a considerable distance. The 
First Battalion moved with more rapidity than the Third Bat- 
talion, in consequence, doubtless, of the better nature of the 
ground over which it passed, until it swung around almost at 
right angles with the line formed by the Third Battalion. In 
order, if possible, to remedy this apparent defect in my line 
of battle, I galloped up on my extreme right to see Lieuten- 
ant Colonel Bowles, but before I could have my order obeyed, 
to halt, and dress on the left, the enemy had massed a heavy 
force in his front, and they were fighting with great despera- 
tion. Bowles was finally driven back by overpowering num- 
bers. I then directed him to reform his command behind a 
stone fence on the Ruddle's Mill Road, which was promptly 
obeyed, and the enemy moving up, was speedily checked, 
with heavy loss. Just at this stage of the fight, I looked for 
Captain Kirkpatrick, who had been gallantly holding his line 
with his usual energy and determination. I found that his 
line had been separated, two companies — one under com- 
mand of Captain Cantrill, and the other under command of 
Lieutenant Gardner — had been fighting desperately on his left, 
while the other two were on the right, and attached to the 
First Battalion. I found also that Captain Kirkpatrick had 
been severely wounded, and compelled to quit the field, and 
that Captain Cantrill had assumed command, and was falling 
back (his ammunition being almost exhausted), followed by 
a superior force of the enemy. About the same time, the 
gallant Lieutenant Colonel Bowles had been driven back from 
his second position, strong as it was, by overpowering num- 
bers. I received no orders to fall back, consequently issued 
none — being determined to hold my position as long as it was 
possible for me to do so. Seeing, however, that further 
resistance was useless, and after having been twice driven 
back by force of numbers, I ordered my men to rally to their 
horses. The enemy's cavalry were very soon pursuing, and 
in close proximity to us, but, strange to say, they did but lit- 
tle damage, only capturing those too much fatigued to reach 
their horses, then not far off." 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. I 1 5 

After this engagement Colonel Smith fell back to Cyn- 
thiana and endeavored to join General Morgan on the Augusta 
Road, who had in the meantime ordered a retreat on that 
road. Before he could do so, however, the Federals ap- 
peared on three sides of him at once, in heavy force, and on 
the other side was the Licking River. At this point the 
men, taking in the danger of the situation, became unman- 
ageable, and dashed across the river in the utmost confusion. 
Here they were again confronted by a large body of the ene- 
my's cavalry, which had been thrown across the bridge and 
was moving down the Colemansville Road in their immedi- 
ate front. Reforming his line as rapidly as possible, Colonel 
Smith ordered his men to charge them, which was done, driv- 
ing the enemy back and holding him in check until he could 
successfully retreat and effect his escape with most of the 
men. This was accomplished by their dividing and going off 
in squads. 

Colonel Smith made a narrow escape. When the retreat 
across the river began, his horse, in the confusion, leaped 
down a steep embankment into the river, taking him almost 
entirely under and drenching him thoroughly. As he arose 
the enemy poured a volley from behind, several balls striking 
the water unpleasantly near to him. 

In the meantime Colonel Giltner was cut off and com- 
pelled to retire on the Leesburg Road. General Morgan, 
who was on the Augusta Road, collected the retreating 
forces, paroled his prisoners, and fell back rapidly to Flem- 
ingsburg and West Liberty, and from thence passed over 
the mountains to Abingdon, Virginia, reaching that place 
on June 20th. 

Whilst General Morgan lost heavily in the last day's fight 
at Cynthiana, and it ended most disastrously to his command, 
he had accomplished the principal object of the raid in divert- 



i6 



D. HOWARD SMITH. 



ing the forces under Burbridge and Hobson and thus saving- 
Southwestern Virginia from invasion. 

Had he left Cynthiana after his splendid victory on the 
nth, the terrible disaster which occurred on the following 
day would have been averted and the raid have been a com- 
plete success. This was a fatal mistake, which he afterwards 
fully realized. 

The men, in the meantime, had become greatly demoral- 
ized, in consequence of the victory of the day before, and 
were in no condition to meet the vastly superior force of the 
enemy. Moreover, Colonel Giltner's ammunition gave out 
early in the action, and Colonel Smith had but a few rounds 
left. In consideration of these circumstances, and the small 
force at his command to oppose the great odds of the enemy, 
it is no matter of surprise that General Morgan was defeated, 
but it is rather to be wondered at that the entire command 
was not captured. Had General Burbridge understood the 
situation, and pressed his victory more vigorously, such would 
undoubtedly have been the result. 

Only superior generalship could avail under such circum- 
stances, and General Morgan displayed it in the manner in 
which he succeeded in collecting his demoralized and scat- 
tered forces and conducting safely his retreat. 

Some gross and inexcusable excesses were committed on 
this raid. We would gladly pass this part of the subject if 
the truthfulness and completeness of the record and justice 
to some of the parties concerned would permit. It is true, 
in most instances, these excesses were committed by men who, 
until this raid, had not belonged to the command, but it had 
to bear all the odium. 

The principal of these was the robbery of the bank at Mt. 
Sterling — a most outrageous and disgraceful act, which called 
for the severest punishment on the perpetrators. This was a 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



117 



source of deep regret and mortification to many of the officers, 
and men of the command, especially those who were from 
that section of country where these excesses were commit- 
ted, or who had friends there, some of whom were the suf- 
ferers. They felt highly and justly incensed and outraged 
that the fair name of the command should thus be tarnished 
and their own reputations placed in jeopardy by the foul 
deeds of a few bad, unscrupulous men, whom it was the 
misfortune of the command to have along on that raid, and 
resolved that, so far as they could effect it, the offenders 
should receive that punishment their acts so richly deserved. 
Among this number was Colonel Smith, who requested an 
immediate investigation and denounced these acts in such 
strong and unqualified terms as to incur the displeasure and 
enmity, not only of the perpetrators, but of those who either 
winked at or sought, through a mistaken zeal, to shield them. 
On his return to Virginia he received letters from friends in 
Kentucky, telling him of the bitter feeling against the com- 
mand on account of these excesses, and that imputations had 
been made against him, from the fact of his having been in 
command of a portion of the forces that captured Mt. Ster- 
ling, and urging upon him the necessity of having an immedi- 
ate and thorough investigation made, to vindicate his own 
character as well as that of the command, and to prevent 
a recurrence of these outrages, which had "injured the 
cause" there, and if that could not be effected, to resign 
his position and seek some other field. 

But, whilst Colonel Smith condemned and deplored these 
excesses, and was ready to do all in his power to secure, if 
possible, a restitution of the stolen property and bring the 
guilty parties to justice, he was not in a position to order an* 
investigation — being only a subordinate in the department to 
which he belonged — and it would have been a great mistake 



n8 



D. HOWARD SMITH. 



for him to have resigned his position in the command at that 
time, had he desired it, because of any failure on the part of 
those who had the power, and whose duty it was to make an 
investigation. This he fully realized, and did all he could 
properly do under the circumstances, viz. : request of Gen- 
eral Morgan an investigation into these excesses, and wait 
patiently and confidently until either he should make or order 
it to be made, or some higher authority should do so, then 
to render such assistance as he could in obtaining a conviction 
of the offenders. 

It is due to General Morgan to state that as soon as he had 
the opportunity, he ordered an investigation to be made, for 
the purpose of ascertaining and punishing the guilty parties. 
This investigation was made, but nothing was accomplished, 
although there were proofs at hand sufficient to convict the 
accused. This afforded an opportunity to General Morgan's 
enemies to malign his character, by charging that he was 
seeking to shield the offenders. But no one who knew him 
well, and capable of doing him justice, has, or will ever 
believe, that in ordering that investigation to be made, he was 
influenced by any other than the best of motives. If, instead 
of pressing that investigation as he might, and ought to have 
done in justice to himself as well as to others, he endeavored 
to adjust the matter quietly, it was simply an error of judg- 
ment — the promptings of a generous heart, which, in this 
instance, controlled the head — one of those mistakes the best 
of men will sometimes make. 

An investigation was finally made, by order of President 
Davis. It is sufficient to say here that, by this investigation, 
Colonel Smith was cleared of all imputations — no charges 
having ever been made against him. Unfortunately, Gen- 
eral Morgan died, before he had an opportunity to vindicate 
his character. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



II 9 



Subsequently to the war, when Colonel Smith was elected 
by the people of Kentucky, Auditor of Public Accounts, 
and it became necessary to have his political disabilities re- 
moved, to enable him to qualify, a malicious and vindictive 
fellow by the name of McKee, who then represented (or 
rather, I should say, misrepresented) the Mt. Sterling district 
in the Congress of the United States, endeavored to prevent 
it, by the revival of a previous intimation against him of 
complicity in the Mt. Sterling Bank robbery, and for that 
purpose wrote the following letter to the Honorable George 
S. Boutwell, chairman of the Congressional committee to 
which the matter was referred : 

"House of Representatives, February 5, 1869. 

"Dear Sir — I learn that D. Howard Smith, J. W. 
Schooling, Phil. Lee, and perhaps others, are in the bill in 
preparation by your committee for relief of disabilities. D. 
Howard Smith was one of John Morgan's chiefs, and in my 
own district, in 1862, had burned every house in Carter 
County for fifteen miles on a single road, as a wanton act of 
barbarism. In 1864, the same band, he with them, broke 
open and robbed a bank in my town of $90,000 — not a Gov- 
ernment or National bank, in which the Government had no 
interest. He was elected Auditor of State as a reward for 
his services in the rebellion, and has defied, and to-day defies, 
our laws and Constitution by holding on to his office, know- 
ing his disqualification, and is as much opposed to the 
National authority in Kentucky as he ever was. * * * * 
I trust the committee will not report on any other names of 
men who defy our laws. Let them alone until they do jus- 
tice to our people ; it will then be time for us to show mercy 
to them. Yours, very respectfully, 

" Samuel McKee. 

"Hon. George S. Boutwell."* 



* Washington Globe, 1869. 



120 



D. HOWARD SMITH. 



It will be observed that while it was not charged in letter 
that Colonel Smith took part in this bank robbery, the writer 
sought to hold him partly responsible for it. Intimations 
of a similar kind had been previously made in a Republican 
newspaper published at Lexington, and Colonel Smith ob- 
tained evidence so overwhelming against its truth, that it was- 
promptly retracted. This, McKee knew, living at the time 
in an adjoining district, and not far from where this paper 
was published. But it made no difference to him, if, by an 
appeal to sectional feelings, he could make the committee (a 
majority of whom were Republicans) believe this base impu- 
tation against the character of a good man, and thus accom- 
plish his purpose. 

The matter having come before a new tribunal, not cog- 
nizant of the facts, and most likely to be influenced by the 
slightest evidence derogatory to his character, owing to the 
then bitter feelings and prejudices engendered by the war, it 
became necessary for Colonel Smith to seek a second vindi- 
cation from these vindictive and unjust aspersions. This he 
did, by procuring, among other evidences, the following let- 
ters from General Morgan's Assistant Adjutant General, 
Captain C. A. Withers, and the commander of the Federal 
forces at Mt. Sterling at the time of its capture and the 
alleged bank robbery, Captain E. C. Barlow, and the cashier 
of the bank robbed, Mr. William Mitchell : 



"Covington, Ky., July 6, 1865. 

"Dear Colonel — I have just returned from the country, 
and find your favor of the 30th ultimo awaiting me. 

" I am much surprised to learn that any one should dare 
to assail your character in regard to that bank affair, or in fact 
in any manner, knowing your ability to produce, even from 
our former enemies in arms, such abundant testimony of a 
character so abundant in all gentlemanly qualities. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 121 

4 'It affords me great pleasure, as the late Assistant Adju- 
tant General of General John H. Morgan's command, in 
refuting the malice of the petty schemer. I can state, 
though no longer officially, that I was present with you at 
headquarters, at Mt. Sterling, on or about the 8th day of 
June, 1864, an d learned from you of the robbery of the bank 
at that place. I heard you denounce the act as base and un- 
becoming a Confederate soldier, and request that an investi- 
gation should be immediately had, and, if possible, to find 
and restore the money taken to the respective owners and 
have the offenders punished. Afterwards, in Virginia, and 
while you were in command of the division of cavalry, my 
intercourse with you, as Assistant Adjutant General, was 
almost constant. I assert positively that no one was more 
urgent in their demands for the arrest and punishment of 
those who had cast so vile a blot upon the fair fame of our 
command by taking the money of an unarmed and defense- 
less people. 

"Your action in this matter was the cause of your becom- 
ing unpopular with many of those who sustained the robbers, 
and I firmly believe that it was through your instrumentality 
that those who have since been convicted were brought to 
punishment. 

" Let those opposed to you remember that while the bank 
was being robbed you were at headquarters, exerting your- 
self for one of their number, Captain (I have forgotten 

his name), and succeeded in having him released. 

" Feeling that those who would injure your character as a 
soldier and gentleman are powerless, 

"I remain truly yours, C. A. Withers." 

" Georgetown, Ky., July 3, 1865. 

1 ' Colonel D. H. Smith : 

"Dear Sir — I received your letter of the 30th of June, 
in which you inform me of your hearing of some malicious, 
unprincipled individual or individuals attempting to connect 
your name with the robbery of the branch of the Farmers' 
Bank at Mt. Sterling, Kentucky, on the 8th of June, 1864. 
The said rumor or report I had not heard of only through 

9 



122 



D. HOWARD SMITH. 



your letter; but in justification of yourself I can state that, 
while I was defending the town of Mt. Sterling, on June the 
8th, 1864, I was captured by General J. H. Morgan's forces 
about 10 o'clock in the morning. I requested to be carried 
before yourself. I remained with you until 4 o'clock p. m. 
of the same date, during which time you carried me before 
General Morgan. There, in my presence, you stated to 
General Morgan that the bank had been robbed and re- 
quested an investigation of the matter. General Morgan 
remarked that he had just heard of it ; had not time then 
to attend to it, but would. 

"I am confident that you knew nothing of the robbery 
until after it had been committed and then did all in your 
power to have it adjusted. 

" I am, Colonel, very respectfully, your obedient servant, 

"E. C. Barlow, 

" Late Captain Company B, Fortieth Kentucky Volunteers." 



"Office Farmers' Bank of Kentucky, 

" Mt. Sterling, July 5, 1865. 
" D. Howard Smith : 

" Dear Sir — I have been shown a letter from you to Dr. 
M. Q. Ashby, in which you state that certain parties have 
charged that you were concerned in the robbery of this office 
in June last year, at the time of the Morgan raid, and request- 
ing that I should make a statement of the facts in the case. 

"I would with pleasure state that I saw you after the 
robbery was committed, and that you condemned the act in 
unmistakable language, and that you told me you were not 
in chief command, but would do what you could to have the 
money returned, or something to that effect. So far as the 
division of the funds * * * * is concerned, we have 
positive proof of the fact that the thing was done, but we 
have never had the least suspicion that you were one of the 
party. I am happy to state and believe that there were others 
among the command that would have disdained to have touched 
a dollar of the money obtained under such circumstances. 
" Very respectfully, 

"William Mitchell, Cashier." 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 23 

It is sufficient to state that on this testimony and the peti- 
tions of such men as Generals Hobson, Finnell, Green Clay 
Smith, and Colonels Marc Mundy, John Mason Brown, D. 
W. Lindsey, and other ex-Federal officers well known in Ken- 
tucky, and such distinguished civilians as the Hon. James 
Speed, Esq., Attorney General of the United States; Hon. 
Allen G. Burton, ex-United States Minister to Central 
America, and Hon. Robert Rodes and other Republicans, 
equally well known, the Congress of the United States 
granted a removal of Colonel Smith's disabilities. A more 
complete and satisfactory vindication than this could not be 
had. It was more than that — it was a most flattering testi- 
monial to the character of the man that he should thus have 
the support of his political opponents and those who had but 
recently opposed him in arms, at a time when party and sec- 
tional feeling ran high. 



124 



D. HOWARD SMITH. 



CHAPTER VII. 



DEATH OF GENERAL MORGAN COLONEL SMITH GOES TO KEN- 
TUCKY UNDER A FLAG OF TRUCE END OF HIS MILITAKY 

CAREER. 

That last raid into Kentucky was the death blow to the 
command. The men were so scattered and demoralized on 
the return, that it was sometime before General Morgan could 
get them together and effect a re-organization. Besides the 
defeat at Cynthiana, which was so disastrous to the com- 
mand, there were the dissentions and resulting demoraliza- 
tions growing out of the excesses committed on that raid, 
and the investigation that followed, already referred to. 
These unfortunate troubles, involving, not only the repu- 
tation of the command, but the character of the General 
himself, added to the difficulty of the situation, and rendered 
it exceedingly embarrassing to him. Notwithstanding his 
utmost efforts, he found it impossible to restore the morale 
and efficiency of the command. 

Many of the men never returned — some went to other 
commands, and some to "guerrillaing. " In a word, the 
command had lost its prestige, and all that General Morgan 
and his able lieutenants and the remaining faithful few of the 
old division could do could not restore it. This was a de- 
plorable condition of affairs, and foreshadowed the result 
soon to follow. No one realized this more fully than did 
General Morgan. It is said by those who were about him at 
this time, that his face wore a haggard and careworn look, 
and that he seemed to have lost all of his former enthusiasm. 
But he did not despair, though the hour was dark, and fraught 
with disaster. His was one of those great natures not borni 
to yield to difficulties that stagger meaner spirits. What sus- 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 25 

tained him in such an hour we shall never know. Doubtless 
some faint ray of hope burst upon the horizon of his vision, 
like the crepuscular light of early morn — the advance-guard of 
the sun, dispelling the gloom of night, and betokening the 
approach of the glorious day. But this we do know, sum- 
moning all the remaining strength of his great nature, he 
made one more final effort. If he was unsuccessful in this, 
it was his misfortune, not his fault. He could control men 
and lead them to victory, as he had often done. But now he 
had a greater foe to contend with — circumstances, which held 
him in their iron grip, and refused to release him until death, 
so-called, man's supposed enemy but real friend, came to the 
rescue, and breaking asunder the bonds set him free. Cruel 
as was the act, and the fiends in flesh that executed it, it was 
mercy in disguise. These fiends could kill the body, and after 
its death mangle the prostrate form, but there was in that 
body that which murderous hands could not touch — this 
mercy claimed. 

General Morgan was not the only one who has thus been 
bound — their "name is legion." A greater than he — before 
whose eagles Italy, Austria, Prussia, and Russia bowed, 
and England trembled, died a prisoner upon the lone rock at 
St. Helena, the victim of the latter's cruelty. So have many 
•others thus been bound, who, though their voices have not 
been heard above the din of life's battle, are none the less 
heroes and heroines. Indeed, these are oftenest found in the 
quiet walks of life. 

On or about the 29th of August, General Morgan left 
Abingdon for Jonesboro, and made preparations for an im- 
mediate attack on Bull's Gap, which was then occupied by 
the Federals, the Confederates having been driven back from 
that point and Rogersville to Jonesboro. His idea was that, 
by taking that position, he could cut off the force at Rogers- 



126 P. HOWARD SMITH. 



ville, and either capture it, or compel the enemy to retire 
into Kentucky, which would so reduce their strength in East 
Tennessee, as would give the Confederates possession of all 
that section as far south as Knoxville for some time at least. 

General Morgan's entire force at this time was less than 
eleven hundred men, and consisted of the remnants of his 
old brigade proper, commanded by Colonel Smith, Colonel 
Giltner's command (called brigade), and detachment of Gen- 
eral Vaughan's East Tennessee Brigade, under the command 
of Colonel W. E. Bradford, of the thirty-first Tennessee 
Cavalry. 

On the 3d of September, 1864, between 3 and 4 o'clock 
p. m., Greneral Morgan arrived at Greenville with his com- 
mand, and encamped for the night, making his headquarters 
at the house of a Mrs. Williams. Immediately on his arrival, 
he directed his Assistant Adjutant General, Captain C. A. 
Withers, to deliver to the several commanders his orders for 
the disposition of their respective commands for the night. 

Captain Withers, in a letter to Colonel Smith, referring to 
these dispositions and the subsequent orders issued by Gen- 
eral Morgan that night, says : 

"I urged General Morgan to put your brigade in the 
front, on the Nolichucke River Road, leading to Bull's Gap, 
but he said he wanted you and Colonel Giltner to lead the 
attack the next morning, and would therefore let Bradford 
watch the front in order to keep your men fresh. The posi- 
tions were then assigned : Bradford on the left, to picket from 
the river to Colonel Giltner's left (who was in the center), 
and the latter to picket to your left, and you on the extreme 
right to picket your front, the whole line forming two-thirds 
of a circle around Greenville, towards the enemy, and about 
one mile and a half from town. 

' ' Colonel Bradford was given verbal and written orders to 
select fifty of his best-mounted men and send them out until 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. I 27 

they struck the enemy's videttes — not to attack, but simply 
watch any movements at the Gap until the command should 
arrive the next morning. Copies of this order were sent to 
you and Colonel Giltner, with instructions to be ready to 
move at daylight. At 1 1 o'clock that night the General 
requested Major Gassett, Captain Harry Clay, and Captain 
James Rogers to ride out to the lines and see that all was 
right. They reported at 12 o'clock that all was well, and the 
General retired. After instructing the headquarter sentinel 
to wake me at daylight, I also went to bed. I was awakened 
as ordered, and went to the General's room and awakened 
him. He remarked: 'It is raining, is' it not?' and upon my 
answering in the affirmative, he instructed me to counter- 
mand the order to move at daylight, and said: 'Let the 
boys have time to get their guns dry; better say 7 o'clock.' 
I waked up my clerk, L. T. Johnson, and he wrote the orders, 
which were sent to each of you (yourself, Colonels Giltner 
and Bradford), and I waited until I had received your re- 
ceipts and returned to bed. This was the order that cost the 
General his life, and I have often discussed it with the courier 
who bore it, who now lives at Atlanta, Georgia." 

About daylight next morning two companies of Federal 
cavalry, under the command of Captain Wilcox, of Colonel 
John B. Brownlow's command, dashed into Greenville, al- 
most immediately followed by General Gillem's entire force, 
and surrounded Mrs. Williams' house, where General Mor- 
gan w T as stopping.* Then followed the killing of General 
Morgan, all the particulars of which are not known, and per- 
haps never will be. Many statements have been made in 
regard to this sad and most unfortunate affair, but they are 
conflicting, contradictory, and most unsatisfactory. The only 
competent testimony we have concerning it are the statements 
of General Morgan's Assistant Adjutant General, Captain 
C. A. Withers, and Major Gassett, of his staff, who were 

* Statement of Colonel Brownlow, Appendix. 



128 



D. HOWARD SMITH. 



personally present with him in the house at the time it was 
surrounded by the enemy, and were eye-witnesses to what 
transpired immediately preceding his death, but did not wit 
ness it, both having been separated from him before that sad 
event occurred — the former being captured by the enemy 
and the latter escaping. Major Gassett states that he and 
General Morgan left the house together and endeavored to 
escape, but found every street guarded ; that they then took 
refuge in the cellar of a house, hoping that some change in 
the position of the Federal forces would occur whereby they 
might be able to effect their escape, or that the command 
would come up in time to rescue them ; and that while they 
were in that position they were discovered and pointed out 
by a Union woman, whereupon he succeeded in escaping and 
General Morgan made his way back into Mrs. Williams' gar- 
den. Captain Withers says: 

' ' I was awakened by the firing at the stable guard and 
headquarter sentinel, and upon rushing into General Mor- 
gan's room, I found that he had gone, and after a long search 
I found him under the little church that stood in the south- 
east corner of Mrs. Williams' lot, and he ordered me to go 
back to the house to ascertain, from the top windows, if there 
was any gap in the enemy's line through which he might pass 
and escape. Finding them as thick as they could sit on their 
horses all around the lot, I went back to the General and 
urged him to go into the house and barricade it until the 
command came, for I felt they would come on hearing the 
firing. He remarked that it was no use, ' as the boys could 
not get there in time, and the Yankees will not take me a 
prisoner again.' " 

At this point Captain Withers being separated from Gen- 
eral Morgan and captured by the enemy, saw nothing more 
of him. 

Outside of these statements of Major Gassett and Captain 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



I29 



Withers, only two facts are certainly known concerning Gen- 
eral Morgan's sad death : that he was killed in Mrs. Williams' 
garden — shot through the heart, and that his body was treated 
in a most shameful and brutal manner by those who killed 
him. 

Whether he was killed after he had surrendered, and 
whether his body was thus brutally and shamefully treated 
before his death, are questions about which there has been 
much controversy, but no satisfactory testimony either way, 
though General Morgan's friends have always believed that 
he was murdered after he surrendered, and that his body was 
thus brutally treated before life was extinct. 

Captain George W. Hunt, speaking upon these points, 
says : 

"Of course I can say nothing of the question about which 
so much has been written — whether or not General Morgan 
was killed after he had surrendered himself. Many of his 
friends have believed that he was. The house of Mrs. Wil- 
liams is surrounded upon three sides by the streets of the 
town, resting immediately upon and fronting one street, while 
a street runs upon each side of the house and the long gar- 
den in the rear of the house. When the Federals surrounded 
the house and garden on three sides, General Morgan ran 
down from his room into the cellar, where he remained a few 
minutes and then moved out into the garden and attempted 
to hide in the grapevine arbor, but was discovered and shot 
by a soldier sitting on his horse in the street. There can be 
no question that General Morgan's body was most shamefully 
treated, for it was reported by those who witnessed the fact 
that the fence was torn down and the body dragged into the 
street, and then thrown across a horse and paraded about the 
streets of the town, and, according to some accounts, while 
life was yet in the body."* 



•Article in Philadelphia " Weekly Times," May 9, 1865. Appendix. 



130 



D. HOWARD SMITH. 



Colonel Brownlow, who was second in command to Gen- 
eral Gillem, says : 

"My information at the time, from the men who put his 
body on the horse, was that he was killed instantly, and as he 
was shot through the heart with a large ball, I have no doubt 
he expired before the men could have torn down the fence 
and gotten to his body. General Gillem published letters, 
copies of which I have, written to him by Messrs. Withers 
and Rogers, of General Morgan's staff, to the effect that Gen- 
eral Morgan was shot while attempting to escape. However, 
I presume this will ever be a question of dispute between the 
actors on the two sides."* 

Dr. N. H. Gaines, of General Morgan's command, is re- 
ported to have stated that he saw General Morgan shot after 
he had surrendered, and statements have been made by others 
that they saw him "throwing his arms about him in the throes 
of death " after his body had been placed on the horse. Or- 
dinarily, any statement made by a man of such unexception- 
able character and unquestionable veracity as Dr. Gaines is 
known to be, by all acquainted with him, about any matter 
of which he could have any personal knowledge, would be 
accepted without question. But, assuming that Dr. Gaines 
has made the statement attributed to him (which we do not 
know to be a fact), it was so easy for him and the other wit- 
nesses to have been mistaken about the facts they have testi- 
fied to (neither he nor they having been personally present 
when General Morgan was killed, or near enough to him at 
the time, or to his body afterwards, to know and be able to 
state with certainty what they claim to have witnessed), that 
their testimony, giving it all due weight and credibility, must 
be received with great caution and not accepted as conclusive 
of the facts they have testified to, especially in view of the: 

* Colonel Brownlow's letter to Colonel Smith. Appendix. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



13* 



statement of Colonel Brownlow and under all the circum- 
stances of the case, which were of the most exciting char- 
acter, making it exceedingly difficult, if not impossible, to 
get at the exact truth of what actually occurred on that fate- 
ful day. 

At the time the Federals entered Greenville, Colonel 
Smith, who was, next to Colonel Bradford, the ranking 
officer in command of General Morgan's forces, was en- 
camped, with a portion of his brigade, so called, about one 
hundred and fifty men in all, under the command of Captains 
Cantrill and Everitt, on the Rogersville Road, about one and 
a half miles from town, with headquarters at the house of 
General Arnold, near that road.* 

At daylight that morning a courier came to him with 
orders from General Morgan, directing him to remain in his 
position and send a strong scout out in the direction of Rog- 
ersville, and to report to him as might be required. From 
this courier Colonel Smith learned that he had just come from 
Colonel Bradford's headquarters, to whom he hn.d also de- 
livered an order from General Morgan, and that after leaving 
Colonel Bradford he had heard firing in that direction. While 
standing there with the order in his hand, Colonel Smith heard 
the firing himself, but as during the night there had been a 
heavy rainfall, he thought it was only Colonel Bradford's 
men firing off their guns to dry them. Captain Hunt, his 
Adjutant General, who was also present, was of the same 
opinion. But very soon they heard the report of artillery, 
which convinced them of their error. Comprehending the 
situation at once, and convinced that Colonel Bradford had 
been attacked by the enemy in force (which he afterwards 
found to be correct), Colonel Smith, being, as before stated, 
the next ranking officer to Colonel Bradford, assumed com- 



i: "See statement of Captain Hunt. Appendix. 



132 



D. HOWARD SMITH. 



mand of all the other forces, and dispatched three couriers, 
post-haste, with orders to Colonel Giltner and Captains Can- 
trill and Everitt, to fall back at a double-quick in the direction 
of Greenville for the purpose of going to Colonel Bradford's 
assistance. 

Before he could get into his saddle, however, he noticed 
that the firng in the direction of Colonel Bradford's head- 
quarters had ceased, and heard firing in the direction of 
Greenville. Mounting his horse he moved with full speed, 
with most of his staff, to the Rogersville Road. In a very 
short time Captains Cantrill and Everitt appeared with their 
battalions, of about seventy-five men each, with their accus- 
tomed promptness, but Colonel Giltner failed to respond, not 
having received the order sent him, as he afterwards stated. 

With this small force, Colonel Smith proceeded at once 
to Greenvilie, but before going far, one of his men came 
running back, and informed him that the town was full of 
" Yankees," and that he had no force sufficient to meet 
them. At this juncture, Captain Hunt came up and reported 
to him, that before he could saddle his horse, the ''Yankees " 
had come up from the direction of Colonel Bradford's head- 
quarters to in front of General Arnold's residence, and fired 
at him before he could get into his saddle. Acting upon this 
information — having the utmost confidence in Captain Hunt's 
statement, and learning that Colonel Bradford's troops had 
given way, Colonel Smith determined not to move directly 
on Greenville, but to make a flank movement in the direction 
of the Jonesboro Road, which was the natural line of his 
retreat, in order to prevent the capture of himself and men. 
On reaching that road, he moved up in the direction of 
Greenville, as far as Captain Clark's Camp, who was en- 
camped in the suburbs of Greenville, on the Jonesboro Road, 
and in charge of General Morgan's artillery. After sending 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 33. 

scouts out on his left and right flanks, to prevent surprise, 
Colonel Smith rode up to Captain Clark, and inquired of him 
what information, if any, he had. Captain Clark replied that 
he had sent some of his men into town but a short time 
before to get forage for his horses, and that most of them 
had been captured by the enemy, who were in possession of 
the town. By this time Colonel Smith could see the streets 
filled with them, and on the farther side of the town Gen- 
eral Gillem's entire command, estimated at from twenty- 
five hundred to three thousand men, in line of battle. He 
at once directed Captain Clark to open his artillery on them, 
which order was promptly obeyed, and Captain Everitt to 
charge the town with his and Captain Cantrill's battalions. 
This charge was made, led by Lieutenant Norman, the pres- 
ent Auditor of Kentucky, and repulsed. In the meantime, 
Colonel Smith's scouts informed him that the enemy were 
flanking him right and left. He thereupon ordered Captain 
Clark to remove his guns. By this time the enemy had 
advanced in full force in his front," and he fell back slowly 
and in good order several miles, when the enemy gave up 
the pursuit, and he turned the command over to Colonel 
Bradford, the ranking officer. On taking command, Colonel 
Bradford ordered a retreat to Jonesboro.* 

In the face of all these facts, which are well authenticated, 
not only by his own statements, but those of Captain Hunt 
and others, who were in a position to know, and whose 
veracity can not be questioned, Colonel Smith has been 
harshly criticised for retreating at this time. Instead of de- 
serving censure, he was entitled to great credit, and should 
have been commended for being able with the small force at 

*See article of Colonel Smith in "Southern Bivouac," August, 1883;. 
also article of Captain Hunt, in "Philadelphia Weekly Times," May 9,. 
1885 — Appendix. 



134 



D. HOWARD SMITH. 



liis command at the time — only about one hundred and fifty 
men, to conduct a safe retreat from Greenville in the face of 
such odds. It is true he was afterwards joined by the forces 
of Colonels Bradford and Giltner, but not until he had fallen 
back some distance, pursued by an overwhelming force of 
the enemy, when he turned the command over to Colonel 
Bradford, who was, as before stated, the ranking officer. 
Had Colonel Smith not taken the precautions he did before 
ordering Captain Clark to open his guns on the enemy, and 
Captain Everitt to charge the town — in sending out scouts 
on his flanks to prevent surprise, both himself and his com- 
mand would undoubtedly have been captured by the enemy, 
together with the artillery, before he could have effected a 
retreat from Greenville, whereas by retreating at the crisis, 
and in the manner he did, he saved both, with the exception 
of one gun, which was disabled. It must be borne in mind 
that up to this time, neither Bradford nor Giltner had come 
to his assistance, though within only a few miles of Green- 
ville. This fact does not seem to have occurred to Colonel 
Smith's critics, if, indeed, they were aware of it. This is not 
mentioned in criticism of those officers, who were doubtless 
ignorant of the situation of affairs at Greenville, and acted 
upon the best information they had at the time, but simply as 
a circumstance having an important bearing on the case, and 
explaining, in part, Colonel Smith's actions on that occasion. 
Some of Colonel Smith's critics have even dared to charge 
that he did not attempt to rescue General Morgan, notwith- 
standing the well-authenticated facts already mentioned : that 
on hearing the firing in that direction, he proceeded at once 
to Greenville with such forces as he had at his command, and 
that on reaching that place, and discovering the enemy in 
possession of it in full force, ordered Captain Clark to open 
on them with his artillery, and the town to be charged, which 






LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 35 

was done, Lieutenant Norman leading the attack in a most 
gallant manner. If this attack was unsuccessful, it was not 
the fault of this brave little band (who had done all that could 
reasonably be expected under the circumstances), but simply 
because they were unable to cope with the superior force of 
the enemy. 

For Colonel Smith to have attempted more than he did 
with the small force at his command, would have been sheer 
madness on his part, and might justly have subjected him to 
the severest criticism, as an unwise and imprudent officer, 
and one unmindful of the lives of his men. 

This is the judgment of all fair-minded, unprejudiced men 
acquainted with the facts, and this will be the judgment of 
the impartial historian when he comes to write the history of 
this sad and most unfortunate affair. 

Colonel W. W. Ward, a gallant officer, who had pre- 
viously belonged to General Morgan's command, in a letter 
to Colonel Smith, from Carthage, Tennessee, of date of July 
12, 1865, referring to these criticisms, says: 

' ' Critics and quasi commanders, who always remain in the 
rear, take advantage of such occasions to censure their su- 
periors, assuming, after developed facts, that they were known 
at the time. I deem your course on that occasion that of a 
prudent officer, and one mindful of the lives and interests of 
his men. To have done differently from what you did, would 
have been striking a hazardous and perhaps fatal blow in 
the dark, the result of which doubtless would have been the 
great injury, if not the partial destruction of your command. 
You knew not the strength of the enemy, nor his condition, 
but you did know that your command was in very poor con- 
dition for an engagement. I repeat, that I think the evi- 
dence clearly exonerates you from all blame, and I would 
judge that any man who censures you, knowing the facts, 
would be prompted by personal ill-feeling or envy and jeal- 
ousy." 



L 



136 



D. HOWARD SMITH. 



Colonel Brownlow, writing to Colonel Smith, after the 
war, in reference to these criticisms, says: 

4 'The surprise was so complete that neither Forrest, or 
Sheridan, nor any other cavalry officer could have done, if in 
your place, what you are criticised for not doing." 

Even if Colonel Smith had had the necessary forces at his 
command at the time he advanced on Greenville, and been 
able to have driven the enemy from the town, he could not 
have rescued General Morgan, or saved his life. For, ac- 
cording to all the accounts, General Morgan was killed by 
the first Federal troops that entered Greenville, and all these 
accounts agree that that was shortly after daylight. 

According to the statement of Colonel Smith, which is- 
fully corroborated by those of Captains Hunt and Cantrill, 
it was about this same time that they heard firing in the 
direction of Greenville. 

Colonel Smith says : 

" A courier came to my headquarters a little after day light y 
with an order from General Morgan, written by his Adjutant 
General, Captain Withers, directing me to remain in my 
position, and send a strong scout out in the direction of 
Rogersville, and to report to him as necessity might require. 
The courier, who delivered to me this order, told me he had 
just come from Colonel Bradford's headquarters, where he 
had been to deliver an order to Colonel Bradford, and that 
after leaving there he had heard firing in that direction. I 
immediately stepped out of the room upon a porch adjoining, 
with the order delivered in my hand, and I heard the firing 
myself. It appeared to me to resemble picket firing, and the 
first thing that occurred to me was that, as the previous night 
there had been a heavy rain-fall, Colonel Bradford had allowed 
his men to fire off their guns for the purpose of reloading. 
But very soon I heard the report of artillery. I immediately 
comprehended the situation, and ordered at once three of my 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 37 

couriers to go post-haste, with orders to Colonel Giltner and 
Captains Cantrill and Everett, to fall back at a "double- 
quick" in the direction of Greenville — my purpose being to 
go to the support of Colonel Bradford, who had been attacked 
by General Gillem in full force, as I afterwards ascertained. 
But before I could get into my saddle, which was done in a 
very brief space of time, as may be imagined, the firing in 
the direction of Colonel Bradford's headquarters ceased, and 
I heard firing at Greenville. After I mounted my horse, I 
moved at full speed with most of my staff to the Rogersville 
Road, a short way off. Very soon Everitt and Cantrill ap- 
peared with their commands, not exceeding one hundred and 
fifty men all told. 

u Captain Everitt suggested to me that we should remain 
in position until Colonel Giltner came up. My prompt 
reply was no ; that Giltner was so far off he might not come 
in time, and I would move immediately on Greenville. I 
accordingly moved in that direction with my small force, but, 
before proceeding far, one of my soldiers came dashing down 
the road from the direction of Greenville, telling me the 
town was full of • Yankees,' and that I had no force adequate 
to meet them. I knew that Bradford's troops had given 
way, and Captain George Hunt, my Adjutant General, had, 
in the meantime, come up and reported to me, that, before he 
could saddle his horse, the i Yankees ' had come up from the 
direction of Bradford's headquarters, in front of General 
Arnold's residence, and fired at him before he could get into 
his saddle. It is my duty to here state, that a braver, more 
gallant and reliable man in every regard never served in any 
army than George Hunt. Acting, therefore, from the best 
advices at my command, I determined not to move directly 
on Greenville, but to make a flank movement in the direction 
of the Jonesboro Road — the natural line of my retreat, in 
order to prevent the capture of my men and myself. This I 
did. When I reached that road, I moved up in the direction 
of Greenville, as far as Captain Clark's camp, who was in 
charge of General Morgan's artillery, and who was encamped 
in the suburbs of Greenville, on the Jonesboro Road. After 

10 



I38 D. HOWARD SMITH. 



sending out scouts on my right and left flanks, to protect me 
from surprise, I rode up to Captain Clark, and asked him for 
all the information he could give. He told me promptly that 
he had sent some men into town a short while before to get 
forage for his horses, and that most of them had been cap- 
tured by the enemy, who were in possession of the town. 
This latter fact I saw myself. I saw the streets of the town 
full of Federal soldiers, and, on the farther side of the village, 
General Giliem's whole command, numbering twenty-five 
hundred or three thousand men, in battle array. I directed 
Captain Clark to open his artillery on Gillem, which order 
he promptly obeyed, and Captain Everitt to charge the town 
with his and Cantrill's battalions." 

"This charge was gallantly led by Lieutenant Lewis Nor- 
man, the present Insurance Commissioner of Kentucky, and 
repulsed. In the meantime my scouts informed me that the 
enemy were flanking me right and left. Then it was I ordered 
Captain Clark to remove his guns, in order to save them, and 
a general retreat. The enemy pursued us and we fought and 
held them in check for four or five miles, when they fell back, 
thus saving all our artillery, save one gun, which was dis- 
abled. 

''That General Morgan was killed before I left General 
Arnold's, my headquarters, I have never doubted, and do not 
now doubt."* 

Captain Hunt says: 

"Just at daylight the next morning a courier knocked at 
the door of Colonel Smith's room and delivered to me (I was 
Acting Adjutant General of the Brigade) an order from Gen- 
eral Morgan, directing Colonel Smith to hold his command in 
its present position until further orders and to send a scout in 
the direction of Rogersville. As I opened the door I heard 
the firing of musketry in the direction of Colonel Bradford's 
camp, which, the courier said, when questioned, had com- 
menced only a few moments before. Colonel Smith's atten- 

*Article in ''Southern Bivouac," August, 1883. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 39 

tion having been called to it, he stepped out on the porch and 
listened. It had rained through the night and was raining at 
the time, so we concluded that Colonel Bradford had ordered 
his men to discharge their guns for the purpose of reloading 
them. But as the firing seemed to be increasing somewhat, 
I drew on my clothes and walked out to the yard-gate, where 
I might hear more distinctly, there being there no obstruction 
to the sound by the outhouses and shrubbery. Before I could 
reach the gate, however, the question was decided and there 
could no longer be any doubt that Colonel Bradford had been 
attacked. As I returned hurriedly to the house, I saw Colo- 
nel Smith leaving the room, and as he went down the porch 
I could hear him delivering to members of his staff orders for 
,the officers commanding the troops at the camps. Having 
entered the room and gathered up my papers, I, too, started 
for my horse, and as I went down the porch I heard firing in 
the town. This was the first intimation we had that the 
enemy had gotten into town. Those who had preceded me 
to the stable left the door open and my horse had gotten into 
the lot. Before I could saddle and mount, after a chase of 
the horse which lasted some minutes, there came up the road, 
from the direction of Colonel Bradford's camp, a column of 
Federal troops, and as they passed they fired upon me. I 
supposed then, as I learned afterwards was the fact, Colonel 
Bradford had been driven from his position on the road and 
the enemy had passed through. I rode rapidly around to the 
east side of town and there found Colonel Smith, with a few 
troops — those who had been the first to saddle their horses 
and ride from the nearest camp on the Rogersville Road, 
after having been aroused by the attack on Vaughn's Brigade. 
As it had been a complete surprise, the troops came in singly 
or in squads, and there was much confusion and disorder. 
We could see the Federal troops moving about through the 
streets in the town, and on the hillside, just beyond the town, 
we saw them standing in line and apparently in force. Colo- 
nel Smith was told by Captain Clark that a number of his men 
had been permitted to go into town, early in the morning, for 
the purpose of foraging, and as the enemy had been in town 



I40 D. HOWARD SMITH. 



a considerable time and the men had not returned, he sup- 
posed they had been captured. Some of them had ridden 
artillery horses and he would not be able to man his guns. 
It was soon reported to Colonel Smith that the enemy was 
flanking him, and the command was ordered to move back. 
But about this time the enemy appeared outside of the town, 
driving the small force before them that had attempted to 
enter, and very soon the whole command backed up the road. 
The command fell back slowly, and the enemy, after follow- 
ing a mile or two, gave up the pursuit. * * * * As I 
have shown elsewhere, the enemy had entered the town and 
we had heard the firing before Colonel Smith had mounted 
his horse, and he had then to ride through a field to get to 
the Rogersville Road, and thence by that road and others to 
the east side of town, a distance of more than two miles. 
No cavalry had been stationed near town, so he had no troops 
at his command until those on the Rogersville Road could 
saddle their horses and ride to town. * * * * The only 
troops that made their appearance at Greenville that morning 
were the two small battalions of Cantrill and Everitt, together 
numbering about 150 men. 

" Whether Colonel Smith should have charged into town 
after some or all of these troops had reached him, I shall not 
undertake to say. I make no pretensions to being a military 
critic. But this much I will say : I do not believe he would 
have saved the life of General Morgan by doing so. I am 
satisfied that the moment when the regiment dashed into 
town must have been almost simultaneous with the attack on 
Vaughn's Brigade, and we know it was the firing of the guns 
at Vaughn's camp that aroused both Colonel Smith and the 
troops on the Rogersville Road. 

" All accounts agree in stating that the first seen or known 
of the enemy in town was when they were in the act of sur- 
rounding Mrs. Williams' house, and that the fatal shot was 
fired a few moments after. Gillem must have moved up to 
the west side of the town almost as soon as the commands 
on the Rogersville Road had reached the east side, for Colo- 
nel Bradford was driven from the road a few minutes after 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



141 



the first guns were fired. * * * * Neither Vaughn's 
Brigade nor Giltner's Regiment came to the town, but reached 
the Jonesboro Road four or five miles from Greenville."* 

Captain Cantrill, in a letter to Colonel Smith in reference 
to this affair, says : 

"I did not get up until it was light enough to distinguish 
objects at a distance of forty or fifty yards. It could not 
have been more than five minutes after I had gotten up be- 
fore I heard a volley, as if fired from a half a dozen guns, 
followed by two or three random shots. Those with whom 
I talked at the time, like myself, could not determine whether 
the firing was on the Bull's Gap Road or at Greenville. We 
all were of opinion, however, that it was a picket squad firing 
off their wet guns after being called in from duty. We had 
hardly stopped talking about the direction from which the 
sound came, until there was a volley of about twenty guns, 
followed by a cannon shot. There could be no mistake now 
as to what that meant, and the order to saddle up and fall into 
line was given and obeyed with alacrity. While we were sad- 
dling up there was considerable firing — scattering shots — and 
all in the direction of Greenville. * * * I have never had 
a doubt but what General Morgan was shot before you reached 
Greenville. At least I know the enemy had abundant time to 
have searched every nook and corner of Mrs. Williams' house 
before my little command reached there." 



Captain Withers states that after he was captured and 
taken to Bull's Gap, General Gillem told him that "the 
first shot fired was at the guard over the stable in which 
were the horses of General Morgan and staff, the intention 
being to capture them first to preclude all possibility of 
escape," and he says it was this shot and the firing at the 
headquarters sentinel that aroused him, shortly after which 
he was captured and General Morgan killed. 

* Article in Philadelphia " Weekly Times," May 9, 1885. Appendix. 



142 D. HOWARD SMITH. 



These statements, taken in connection with the fact, ad- 
mitted on all sides, that General Morgan was killed by the 
first Federal troops that entered Greenville, and the further 
fact, equally well established, that they entered the town 
about daylight that morning — at the same time that Colo- 
nel Smith and Captains Hunt and Cantrill and others heard 
the "firing in the direction of Greenville," very clearly shows 
that General Morgan must have been killed before Colonel 
Smith could have reached Greenville with Cantrill's and Ever- 
itt's battalions, if not before he left his headquarters at Gen- 
eral Arnold's, as he has stated to be his belief. 

How the Federals were so well-informed, not only as to 
the position and strength of General Morgan's forces, but 
the exact location of his headquarters, and how they were 
thus able to enter Greenville and surprise him before it was 
known they were in the town, are questions about which 
there has been much speculation. 

In regard to the first question, it was reported at the time, 
and has since been generally believed, that information of 
General Morgan's presence in Greenville, and of the strength 
and position of his forces, was borne to the enemy by Mrs. 
Lucy Williams, the daughter-in-law of the lady at whose 
house he made his headquarters. The ground for this be- 
lief appears to have been the fact that only a short time 
before she had been detected almost in the act of bearing 
information to the enemy of a similar kind, and after her 
detection and failure in her attempt, "had called down 
the vengeance of heaven upon General Morgan and vowed 
she would make him suffer," and the fact that she was at 
the house of her mother-in-law on the afternoon of the day 
General Morgan and staff arrived there, and afterwards left, 
saying she was ' ! going to the country to get some water" 
melons." Aware of her feelings toward General Morgan 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



H3 



and past conduct, some of the staff suspected that she was 
bent on mischief, but beyond this there was nothing to con- 
firm their suspicions. 

Whatever doubt there has been on this point, that doubt 
is now removed by the statement of Colonel Brownlow, 
who was second in command to General Gillem, and whose 
veracity can not be questioned. He not only denies the 
whole story in regard to the betrayal of General Morgan by 
Mrs. Willams, but gives the real informant. He says : 

"All this abuse of Mrs. Lucy Williams as 'betraying' 
General Morgan, and piloting the Federal troops to Green- 
ville, is most unjust and false, as well as the charge that the 
attack was made because of information she sent to our head- 
quarters. There is not one word of truth in it. She neither 
came to our camp, nor sent the information which led us to 
the attack. I say this, because I know the person who came 
to our camp on the day before the attack, and whose repre- 
sentations as to the strength of your command induced us 
to make the march. I know the person, and he is far more 
competent for such work than Mrs. Williams. 

" With the exception of about one hundred and twenty- 
five of the Tenth Michigan Cavalry, all of our men were 
recruited in the region of country where your and our camps 
were. I don't believe there was a mile of either of the roads 
we took going to Greenville from which there was not one 
or more men in our brigade recruited. We had several hun- 
dred men as familiar with every part of the roads as you are 
with the rooms and halls of your private residence. There- 
fore, we didn't need Mrs. Williams or any other citizen as a 
guide. 

"I will now tell you a fact, which, perhaps, you are not 
familiar with. When General Gillem's Brigade left Bull's 
Gap (now called Rogersville Junction) at about ten o'clock 
p. m., September 3d, 1864, to surprise the Morgan Brigade at 
Greenville, there was not a man in the brigade, from Gil 
lem down, who knew that General Morgan had returned to 




144 



D. HOWARD SMITH. 



Greenville. The person, whose information as to the strength 
°f y° ur forces led us to the attack, left Greenville several 
hours before General Morgan got there. It is eighteen miles 
from the Gap to Greenville. About seven miles from Green- 
ville, a white man was seen running from his cabin toward 
or in the direction of Greenville. We supposed him to be a 
Confederate sympathizer, hastening to inform your command 
of our coming. With shouts to him that we would shoot 
him, unless he stopped, he was brought to. It turned out 
that he was a friend of ours, a poor man with a small farm, 
who feared we were Confederates, and that we might harm him 
or conscript him into the army. It was not light enough for 
us to see more than the form of a man indistinctly, and 
he was too badly frightened to stop to see our uniform, if, 
indeed, it was light enough. From this man we got the 
first information we had that General Morgan had returned 
to Greenville, and had stopped at Mrs. Williams. Three 
miles from town we heard the same from a negro woman, 
named Mary Keenan, whereupon many of the Northern papers 
have claimed that ' the credit for the killing of the famous 
Confederate Cavalry leader was due to this noble colored 
woman.' 

"The white man who gave us the information left Green- 
ville after General Morgan arrived at Mrs. Williams. General 
Morgan had been dead at least an hour, and I think longer, 
before General Gillem knew he was dead, and the information 
of his death was the first information General Gillem had of 
the fact that he had returned to Greenville at all. I gave 
him this information in the presence of at least half dozen 
of the men of my regiment, and of Captain Henry B. Clay, 
of Morgan's staff, who was my prisoner, and who is now 
living in East Tennessee. When I told Gillem he could 
not realize it, and thought I was jesting with him, and would 
not believe it until after I had reiterated it, and assured him 
that it was a fact. But the public at large suppose that the 
whole result, including the surrounding of the Williams resi- 
dence for the capture or killing of General Morgan was plan- 
ned and agreed upon by General Gillem, when we started on 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. I45 

the march. The suggestion to surround the Williams resi- 
dence and capture General Morgan originated with Captain 
Wilcox, a most daring and energetic officer, who led his 
company, and that of Captain Northington, to the house. 

"The plan of General Gillem, when we started, was to 
surprise and rout Morgan's command, and though the fatal 
result to General Morgan was realized through the suggestion 
of a simple captain to surround the house, yet this result 
made Gillem in a military point of view. Only a few weeks 
before, the United States Senate had refused to confirm Gil- 
lem's appointment as a Brigadier General of Volunteers. 
For, or because of the killing of Morgan, he was imme- 
diately confirmed Brigadier, soon after made Brevet Major 
General, and, subsequently, promoted from captain to colonel 
in the regular army. 

"Another fact not published is, that Gillem supposed, 
when this attack was made, that Giltner was in command of 
the Morgan Brigade. 

"I knew the uncle of General Morgan, the late Samuel 
D. Morgan, of Nashville, who died in the latter part of May 
■or June, 1880, and a few weeks before his death I met him 
in Nashville, and he asked me to give him an account of the 
affair, saying he had never heard a statement from the Fed- 
eral side. When I concluded, he requested me to at once 
write him an open letter, through the ' Nashville American, ' 
repeating what I had told him ; but I had to leave Nashville 
the same evening and did not do so."* 

Thus has a beautiful romance been spoiled by a cold, 
cruel fact. 

As to the second question — how the Federals were able 
to enter Greenville and surprise General Morgan before it 
was known that they were in the town — General Duke 
says : 

"It has been stated, I know not how correctly, that the 
enemy gained admittance to the town, unchallenged, through 

* Letter to Colonel Smith, July 10, 1885. Appendix. 



146 



D. HOWARD SMITH. 



an unaccountable error in the picketing of the roads on the 
left. According to this account the enemy, who left Bull's 
Gap before midnight, quitted the main road at Blue Springs, 
equi-distant from Greenville and Bull's Gap, and marched 
by the Warrensburg Road until within one mile and a half 
of the town. 

11 At this point a by-road leads from the Warrensburg to 
the Newport Road. The pickets on the Warrensburg Road 
were not stationed in sight of this point, while on the New- 
port Road the base of the pickets was beyond the point where 
the by-road enters, and there were no rear videttes between 
the base and town. The enemy (it is stated) took this little 
by-road, and turning off in front of one picket, came in be- 
hind the other."* 



But Captain Hunt, who was on the ground and in a better 
position to know, besides being a very intelligent man and 
close observer, says : 

"But the enemy did come, not by this circuitous way, 
the Warrensburg Road. The pickets on this road declared 
they saw no enemy that night, but they were aroused the 
next morning by the firing in the town. If the reader will 
cast his eyes upon the map, I think he will see very clearly 
how the plan adopted by the enemy was executed. General 
Gillem moved out with his whole force from Bull's Gap, which 
is about fifteen miles from Greenville, about midnight, and 
marched to Blue Springs, a point half way between the two 
places. Here a part of the command — one regiment, it has 
been said — turned off the road and moved through the woods 
and by-paths to Greenville, keeping, all the way, between the 
Bull's Gap and Warrensburg roads. Gillem, having halted 
long enough at Blue Springs for the regiment to approach the 
vicinity of Greenville, moved up and attacked Vaughn's Brig- 
ade, which was in camp a few miles beyond, so that, while 
engaging this brigade and attracting the attention of the 
other forces of General Morgan, the regiment might dash 

Duke's History of Morgan's Cavalry, 538. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



147 



into Greenville and accomplish its mission. These move- 
ments were all well-timed, for it was only a few moments 
after the attack upon Vaughn's Brigade, and the firing was 
heard there, that the enemy surrounded Mrs. Williams' house 
and the firing was heard in town. This I know. From the 
position I occupied at General Arnold's house, intermediate 
between the two points of attack, we could distinctly hear 
the firing at both places. That the reader might see how so 
short a time intervened, was the reason why I narrated so 
particularly all that transpired that morning at the house of 
General Arnold. That this regiment reached Greenville in 
the way I have indicated above, there can be no doubt. 
Aside from the statement of the pickets that they saw no 
enemy, we have the facts that troops leaving the Bull's Gap 
Road at Blue Springs, or at any other point in front of 
Vaughn's position, must necessarily travel a long and very 
circuitous route to reach the town by the Warrensburg Road, 
and if the troops that picketed that road had been far more 
worthless than Mr. Ferris says Vaughn's Brigade were, there 
would still have been danger that an alarm would have been 
given, and General Gillem, considering this fact, would have 
almost certainly dispatched his East Tennessee troops, who 
knew the country well, by the other route. 

"It may be asked why it was that the approach of the 
enemy by this way, which seems to have been so readily 
accomplished, and which, to the reader, may now appear so 
practicable, was not guarded against, either by the order of 
General Morgan or by Colonel Bradford under his order to 
picket to the left. Even had it occurred to either of them 
that the enemy would make so determined an effort to cap- 
ture or kill General Morgan, it must be remembered that it 
would have been a very difficult matter to have determined 
where to post a picket so that it could effectually guard against 
the approach of the enemy, where there are no public roads 
and only a few by-paths or neighborhood roads."* 

Thus it will be seen, from this statement of Captain Hunt 



* Article in Philadelphia "Weekly Times," May 9, 1885. Appendix. 



148 



D. HOWARD SMITH. 



and the statement of General Morgan's Assistant Adjutant 
General, Captain Withers, heretofore referred to, that all the 
proper dispositions were made by General Morgan, and the 
pickets posted in accordance with his orders, so as to guard 
every avenue of approach to Greenville, so far as it was prac- 
ticable to do so. The only correct conclusion, therefore, that 
can be reached is, that it was a complete surprise of the forces 
posted by General Morgan to guard his front, that led to his 
surprise and the fatal result that followed. 

Who, then, it may be asked, if anybody, was responsible 
for the surprise of the forces guarding General Morgan's front? 
Certainly not Colonel Smith, for he was on the opposite side 
of the town from where the enemy entered, and, according to 
all the accounts, from a mile to a mile and a half from it at 
the time. Nor General Morgan, for, as Captains Withers and 
Hunt have shown and Colonel Smith expresses it, "his dis- 
position of his troops was military and soldier-like,"* and he 
had taken every possible precaution against surprise. 

The only satisfactory answer to this question is to be found 
in the statements of Colonel Brownlow and General Gillem, 
as reported by Captain Withers. Both of these officers state 
that the "surprise" was due to the capture of Colonel 
Bradford's pickets, asleep on their post. Colonel Brownlow 
attributes this to the lack of a "more rigidly enforced dis- 
cipline" in the command. He says: 

"Had this been done, the pickets might not have been 
taken asleep." f 

Captain Withers says : 

" After I had been captured and carried to Bull's Gap, 



* Article in Southern Bivouac, August. 1883. Appendix, 
t Letter to Colonel Smith, July 10, 1885. Appendix. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



149 



General Alvin C. Gillem, who commanded the Federal forces, 
told me that he had met no scouting party, and he approached 
by the main Nolichucke Road. He captured one vidette, 
who was asleep on his horse. ' ' * 

These statements of Colonel Brownlow and General 
Gillem relieves Colonel Bradford of all responsibility for 
this surprise, which might otherwise have been attributed to 
him, as the commander of the forces on that side of the town 
from which the enemy entered, and places it where it belongs, 
on the unfaithful men whose neglect of duty cost their Gen- 
eral his life. Had they been awake and done their duty, 
they might either have escaped, and apprised General Mor- 
gan of the Federal advance, or given the alarm in time to 
have enabled him and his staff to escape. But being asleep, 
these faithless sentinels were taken before they could do 
either, and the result that followed was the inevitable conse- 
quence, which all that General Morgan and his officers could 
do, situated as they were, could not have averted. It was 
simply one of those sad and unfortunate events that might 
have happened to any other commander, however skillful and 
prudent, under similar circumstances. 

After General Morgan's death, a Court of Inquiry was 
ordered by General John Echols, who was then in command 
of the department, for the purpose of investigating the 
causes of this disaster at Greenville. This court, consisting 
of Colonels Joseph T. Tucker, James E. Carter, and W. W. 
Ward, was held, and an investigation made, but no written 
report was ever made of its proceedings. It is sufficient to 
state here, that one of the results of that investigation was 
to fully exonerate Colonel Smith, and acquit him of all blame, 
as the following letter from Colonel Tucker shows : 



* From letter to Colonel Smith. 



150 



D. HOWARD SMITH. 



"Winchester, Ky., July 3, 1865. 
"Colonel — Colonels Carter, Ward, and myself, were ap- 
pointed by Brigadier General Echols a Court of Inquiry to 
investigate and inquire into the causes of the disaster at Green- 
ville, Tennessee, at the time of General Morgan's death. We 
made a full and thorough investigation, and entirely acquitted 
you of all censure upon that occasion. No person acquainted 
with the facts would cast the slightest reflection upon you. 
The asperities of evil minded persons ought to have ceased, 
at least, with the loss of your liberties. 

"I am respectfully, yours, &c, 

"Joseph T. Tucker. 
"To Colonel D. H. Smith." 



Colonel Smith received letters to the same effect from 
Colonels Carter and Ward, the other members of the court. 
Yet, in the face of the judgment of this court, and all the 
facts heretofore referred to, completely exonerating him from 
all blame, and vindicating his action on that occasion, an 
individual signing his name F. P. Ferris, in an article in the 
Philadelphia "Weekly Times," as late as 1885, which, for 
ignorance of the situation, and perfect mendacity, has, 
perhaps, never been equaled, sought to throw the whole 
responsibility for the death of General Morgan on Colonel 
Smith. This article was copied into the "Cincinnati En- 
quirer," and obtained a large circulation. Whilst it could 
not hurt Colonel Smith with any who knew him, or were 
acquainted with the facts, it was calculated to do him great 
injury. 

Who this individual was nobody knew, though it would 
appear from his own statements that he belonged to Captain 
Cantrill's Battalion, and that (though only a private in the 
ranks) he not only knew all the chief actors in that most un- 
fortunate affair, but all that transpired on that dreadful day, 
both inside and outside of the Confederate lines — even to the 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. I 5 I 

minutest details. This, of itself, was sufficient to convict the 
writer and condemn the article. 

Without dignifying his article by publishing it here, or 
making any further comment on it, we would simply refer the 
reader to the facts already mentioned, and the replies of Colo- 
nel Smith and Captain Hunt, also to the the statement of 
Colonel Brownlow, embodied in a letter to Colonel Smith, 
giving his version of the affair from a Federal standpoint, 
which are too lengthy to be inserted here, but will be found 
in appendix form at the end of this volume. 

Thus ended the career of one of the most daring, bril- 
liant, and successful cavalry leaders of the late war on either 
side. Nothing that we can say can add to his fame — that is 
as well established as a fixed star in the firmament. When 
the impartial historian comes to write the history of that 
great struggle for constitutional liberty, he will do full justice 
to his memory. 

After his death, General Morgan's remains were recovered 
from the enemy by flag of truce, and taken to Abingdon, 
Virginia, and interred with distinguished military honors. 
They were afterwards re-interred in the cemetery at Rich- 
mond, Virginia, and finally removed to his old home at Lex- 
ington, Kentucky, and buried in the beautiful cemetery there, 
where they now rest. 

On General Morgan's death, it became a question who 
should succeed him in command. This question was settled 
by the War Department at Richmond tendering the place to 
Colonel Smith. But he declined it, and in his letter of 
declination to the Confederate Secretary of War, Hon James 
A. Seddon, recommended the appointment of Colonel Bazil 
W. Duke. 

There were few men, especially so well qualified to com- 
mand an army as he had shown himself to be, who would 



152 



D. HOWARD SMITH. 



have declined such an honor. There was, therefore, no 
reason why he should not have accepted it. But Colonel 
Duke was General Morgan's -brother-in-law. There wa*s a 
close intimacy between them, and the men immediately under 
Duke's command were much attached to him. Moreover, 
Colonel Smith had confidence in his ability, and believed him 
to be competent for the place, and that the service would 
be benefited by his promotion. For these reasons he was 
willing to ignore his own personal claims and. opportunity, 
and ask that Colonel Duke be appointed to the place. 

Here was another instance of his characteristic unselfish- 
ness and magnanimity, which called forth the highest praises 
from those in authority. The Hon. Henry C. Burnett, of 
Kentucky, since deceased, who was then a member of the 
Confederate Congress, and present in the office of the Sec- 
retary of War when Colonel Smith's letter declining the 
place, and recommending the appointment of Colonel Duke, 
was received, gave the following account of it : 

(i I have just heard the highest compliment paid to Colo- 
nel Smith ever offered to any soldier. I have just come from 
the War Office, and whilst there saw Mr. Seddon hand Colo- 
nel Smith's letter, recommending the promotion of Colonel 
Duke, to General R. E. Lee. General Lee read it very 
carefully, and said: ' This is the most patriotic and creditable 
letter I have read during the war. I knozv something of Colonel 
Smith, and hold him in high esteem, but this letter places him 
still higher in my regard. If there was more of this spirit 
among the officers, we zvould have fewer troubles and disasters. 
The President ought to, and I hope will, commission both Duke 
and Smith Brigadier Generals.'" And Mr. Burnett added, 
" I hope so too." 

This was, indeed, a high compliment, coming from such a 
man as General Lee, and one to be treasured by the family 
and friends of Colonel Smith. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. I S3 

In October following, General Burbridge advanced in 
heavy force upon Saltville, Virginia, but was met and defeated 
by General John S. Williams, with heavy loss. In this en- 
gagement Colonel Smith acted upon General Williams' staff, 
and it is said that to his efficiency in conveying orders and to his 
judgment in disposing of troops is due much of the credit on 
that occasion. 

General Duke, in his account of this engagement, says : 

"On the next day we received orders from General Echols 
to march at once to Saltville, as Burbridge was drawing near 
the place. In a very short time the energy and administra- 
tive skill of General Echols had placed the department in an 
excellent condition for defense. But it was the opportune 
arrival of General Williams which enabled us to beat back 
all assailants. When we reached Abingdon we learned that 
General Breckinridge had arrived and had assumed command. 
After a short halt, we pressed on and reached Saltville at 
nightfall, to learn that the enemy had been repulsed that day 
in a desperate attack. His loss had been heavy. General 
Williams had made a splendid fight — one worthy of his very 
high reputation for skill and resolute courage. His disposi- 
tions were admirable. It is also positively stated that, as he 
stood on a superior eminence midway of his line of battle, 
his voice could be distinctly heard above the din of battle, 
as he shouted to all parts of the line at once."* 

During the winter of 1864-65, which was intensely cold, 
nothing occurred of interest in which Colonel Smith took 
part till February, when he was sent into Kentucky by the 
War Department at Richmond, under a flag of truce, to con- 
fer with General Burbridge in regard to the shooting of regu- 
lar Confederate soldiers in retaliation for the lawless acts of 
guerrillas, who at that time infested the State and were a 
terror alike to "Southerners" and "Unionists." He was. 

* Duke's History of Morgan's Cavalry, 548. 
I I 



154 



D. HOWARD SMITH. 



accompanied by a small escort, under the command of Cap- 
tain Peter Everett, and the country through which he had to 
pass was mountainous and rough and infested with ' 'bush- 
whackers," which made it exceedingly hazardous. More- 
over, his mission was a delicate and important one, and one 
requiring great tact and judgment, as well as firmness. It is 
sufficient to say that, as a result of his mission, no more blood 
was spilled on that account — in a word, it was successful. 

This ended Colonel Smith's military career, and very soon 
afterwards followed the close of the war for Southern inde- 
pendence by the surrender of the armies of Generals Lee and 
Johnston. 

We can not close this chapter without referring to the fol- 
lowing high estimate of him as a soldier from the pen of a 
distinguished ex-Confederate officer : 

"The writer was thrown much with Colonel Smith to- 
wards the close of the war, and had an opportunity not 
only to estimate his character from the standpoint of his 
own observation, but to witness the esteem in which he 
was held by his soldiers and the officers of the army. He 
was a thorough soldier in person and in spirit — always ami- 
able and pleasant, but firm, prompt, and decisive in the dis- 
charge of his duties. No order ever received by him from a 
superior in rank was ever disregarded, but promptly, and at 
any peril, he proceeded to its execution. He was cool, de- 
liberate, and of excellent judgment in action. His men had 
every confidence in his courage and self-possession and did not 
hesitate to follow wherever he led." 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 55 



CHAPTER VIII. 

THE SURRENDER, AND HIS RETURN HOME RESUMES THE PRAC- 
TICE OF LAW HIS CANDIDACY FOR THE CLERKSHIP OF THE 

COURT OF APPEALS ELECTED STATE AUDITOR FOR THREE 

TERMS OPINION IN COCHRAN VS. JONES APPOINTED RAIL- 
ROAD COMMISSIONER HIS RETIREMENT AND DEATH. 

On his return from the flag of truce into Kentucky, Colo- 
nel Smith, with his usual judgment and penetration, soon 
foresaw, from the turn events were taking, the result that 
soon followed with the surrender of the armies of Generals 
Lee and Johnston. Deeply impressed with this conviction, 
but still hoping, with many others, that the war would not 
end there, but simply be transferred to the west banks of the 
Mississippi, he sought and obtained from the War Depart- 
ment at Richmond a transfer to the Trans-Mississippi De- 
partment. Still firmly believing, as he had always believed, 
that the South was right, and having risked his all in that 
contest, he was now ready, if necessary, to back his convic- 
tions with his life-blood. It was his desire, at all events, not 
to yield until further resistance might appear to him useless 
and vain, and then to be in a position whereby he might 
escape the country, believing that the war was being waged 
for the complete subjugation of the South, and that those 
who had taken that side of the question could expect no 
clemency at the hands of the party then in control of the 
Federal Government. 

With these convictions he accordingly left Richmond early 
in the spring of 1865, in company with Captain Orville O. 
West and Lieutenants William N. Offutt and Marion Burch, 
of his staff, and others, and proceeded overland to the Trans- 
Mississippi Department. 

On reaching Northern Alabama, he learned of the sur- 



i 5 6 



D. HOWARD SMITH. 



render of Generals Lee and Johnston. Immediately fol- 
lowed the surrender of General Richard Taylor, in whose 
department he then was. By the terms of this surrender 
the officers were allowed to retain their horses and side- 
arms. Satisfied that all further resistance would be useless- 
and would not be attempted, and finding all avenues of 
escape closed, and wishing to avail himself of these terms, 
which were more favorable than he had expected, he at 
once reported to the nearest Federal post and surrendered. 
After his surrender he returned to Kentucky. 

On his return to Kentucky he had a large and dependent 
family on his hands. During his long absence in the army 
his interests had suffered materially, and it was a serious ques- 
tion with him how he was to earn a livelihood for himself and 
family. With his usual decision and energy, he was not long 
in deciding what he should do. Gathering together what 
means he could, he purchased a small farm near New Lib- 
erty, in Owen County, and removing his family there, re- 
sumed the practice of law at Owenton, the county seat. 

In this he met with as fair success as the times and sur- 
roundings would permit, and managed to keep the wolf from, 
the door until 1866, when, at the earnest instance of his friends, 
he became a candidate for the clerkship of the Court of Ap- 
peals, the most lucrative office within the gift of the people 
of Kentucky. 

In May of that year the nominating convention of the 
Democratic party met to nominate a candidate for that po- 
sition. Convinced that the election of an ex-Confederate 
officer, at that time, to such an important position, would 
be impolitic, and would seriously affect the interests of the 
party in the then heated Northern States, he magnanimously 
withdrew from the contest. This he did when his nomina- 
tion was practically assured. The result of his withdrawal 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 



157 



was the nomination and election of Judge Alvin Duvall, who 
had been a Union man during the war, though conservative 
throughout. At this time there were two elements in the 
Democratic party in the State — the ex-Federal, or " Union," 
and the ex-Confederate, or "Southern," the former of which 
was very strong, and, had it been lost to the party, would 
probably have resulted in its defeat at the polls. By his 
withdrawal and the nomination of Judge Duvall, these two 
elements were brought together and victory thus assured, and 
the State saved to the Democracy. It is due to this fact, 
largely, that Kentucky, from that day to this, has been so 
•overwhelmingly Democratic. 

This fact was recognized by the party leaders in the State, 
and the party were not long in rewarding him for this act of 
magnanimity and patriotism. 

In 1867 he was nominated, almost by acclamation, for the 
office of Auditor of Public Accounts, and was elected by an 
almost unprecedented majority. In October of that year his 
predecessor in office, the Hon. W. T. Samuels, resigned, 
and he was appointed by Governor John W. Stevenson to 
fill the vacancy until January following, when he could regu- 
larly qualify, under the law, for the term for which he had 
been elected. He accordingly entered upon the duties of 
that office on the 17th day of October, 1867, though the 
term for which he was elected did not begin until January 
following, as stated. His opponents before the nominating 
•convention in this race were ex-Auditors Grant Green, of 
Henderson County, and W. T. Samuels, of Hardin, and the 
Hon. W. P. Baker, of Hancock County, and J. P. Foree, 
of Shelby, all capable, influential, and prominent men in the 
Democratic party of the State. 

In 1 87 1 he was again elected to this office by a very large 
majority, and this time without opposition in his party. This 



i 5 8 



D. HOWARD SMITH. 



was a most marked circumstance (as the office had always been 
considered not only a very important, but a most lucrative and 
desirable one), as well as a most flattering testimonial of the 
esteem in which he was held and of the confidence reposed 
in him by the people of Kentucky. His majority was over- 
whelming. 

In 1874, and during his incumbency in office, occurred 
the memorable contest for the office of Clerk. of the Court 
of Appeals, between the Hon. Thomas C. Jones and John 
B. Cochran, the particulars of which are too well known to 
need mention here. It is sufficient to say, Jones was elected 
Clerk of the Court of Appeals by a very large majority, but 
Cochran contested his right to the office on the ground that 
he was constitutionally ineligible, having accepted a challenge 
from one Dr. J. Hale to fight a duel. This contest came be- 
fore a Contesting Board, created under the Constitution of 
the State for trying such cases, consisting of the Governor, 
Attorney General, Auditor, Secretary of State, and Treas- 
urer. It was a question whether or not Jones had accepted 
a challenge to fight a duel, within the meaning of the Con- 
stitution and laws of Kentucky on the subject, so as to bring 
himself within the disqualifying clause of the dueling law ; 
also whether he was or not entitled to a trial by jury before 
a judgment of ouster could be had, which would, in effect, 
amount to a conviction under the law, the offense being crimi- 
nal in its nature and penal in its consequences, and the ques- 
tion involved one of fact as well as of law. The decision of 
the majority of the Board, consisting of Governor P. H. Les- 
lie, Attorney General John Rodman, and Secretary of State 
George W. Craddock, was adverse to Jones, the office being 
declared vacant and a new election ordered. From this opin- 
ion the Auditor and Treasurer James W. Tate dissented, in 
a very elaborate and able opinion, prepared and delivered by 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 59 

the former, which, on appeal, was sustained by the Court of 
Appeals, the then highest judicial tribunal in the State.* 

In 1875, he was again nominated and elected Auditor by 
a very large majority. This time he was opposed in the 
nominating convention of the party by the Hon. Joseph 
Gardner, of Magoffin County, and General Fayette Hewitt, 
of Hardin County, one of the best known and most popular 
Democrats in the State — himself an ex-Confederate officer. 
In 1879, at th e urgent instance of his friends, and against his 
own judgment and wishes, he again became a candidate for 
this position. But this time he was unsuccessful. His former 
opponent, General Hewitt, received the party nomination 
(but not until after a spirited contest), and was elected. His 
defeat in this race was largely due to the influence of certain 
corporations in the State, whom he had antagonized by his 
rigid and fearless administration of the laws regulating them. 

Thus, for three successive terms, he was elected Auditor 
of Public Accounts by the people of Kentucky, an occur- 
rence almost unprecedented in the history of the Democratic 
party of the State, that party being traditionally and consti- 
tutionally opposed to an election for a third term to any office 
of public trust. This was a grateful recognition of his ser- 
vices, a distinction of which any man might well feel proud, 
and which none could have appreciated more fully than he did. 

It is not generally known, perhaps, but the office of Audi- 
tor of Public Accounts is, in Kentucky, the most important 
and responsible position in the State government. Besides 
being intrusted with keeping the accounts of the State with 
sheriffs, clerks of courts, trustees of the jury fund, and others, 
in itself a most delicate and important trust, and one requiring 
great labor, responsibility and good judgment, the Auditor is 
virtually at the head of two departments besides his own : the 

■'■See Opinion in Cochran vs. Jones. Appendix. 



i6o 



D. HOWARD SMITH. 



Insurance Department and the Treasury, and is indirectly 
responsible for the management of each, the Insurance Com- 
missioner being his appointee, and the department under his 
supervision, and the Treasurer practically only his Receiving 
Clerk (although he is required to give bond, and his department 
made separate under the law), the law of the State having 
wisely provided that no money shall be paid out of the State 
Treasury on any account until properly audited, and then 
only upon the warrant of the Auditor, and the Treasurer 
being required to keep his books so as to balance with those 
of the Auditor, who has thus been made the guardian of the 
State's funds, with an incidental supervisory power. The 
Auditor is, moreover, ex-officio Secretary of the Board of 
Commissioners of the Sinking Fund, and the chief financial 
officer of the State. It is also necessary that he should be 
a good lawyer, as there are questions of law (sometimes 
of great difficulty) constantly arising in his department, re- 
quiring for solution, not only good judgment, but a thor- 
ough knowledge of the revenue and other laws of the State. 
How well and faithfully he performed these varied duties 
during his long incumbency in office, his record during 
that time abundantly shows. When he went into office 
in October, 1867, the bonded indebtedness of the State was 
$4,611,199.46. At the close of the last fiscal year of his 
administration (October 10, 1879), the total bonded indebt- 
edness of the State — exclusive of the School Fund, which is 
a permanent and irredeemable loan, was only $180, 394, a 
reduction in twelve years of $4,430,805.46, with resources in 
the Sinking Fund to pay this indebtedness of $768,151.72, 
or, in other words, with a balance in the Treasury to the 
credit of this fund of $587,757.72.* 



*See Auditor's Reports, 1867, 1879. 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. l6l 

It is true there was a deficit in the Revenue Proper during 
these years, but that was not the fault of the Auditor. For 
<every year for nine years previously to his incumbency, with 
the exception of one, there had been a deficit in this fund, 
notwithstanding the fact that the taxes of the State were 
steadily increased during that period from twenty cents on the 
one hundred dollars worth of taxable property, until they 
reached forty cents on the same amount. 

In 1858 there was ^deficit in this fund of $22,445.44; in 
i860, $139,526.17; in 1861, $146,990.65. But in 1861, the 
State borrowed from the Sinking Fund $300,000; which en- 
abled the Revenue Proper to show a small balance for 1862 
and 1863, though there was, in fact, a deficit for each of those 
years. 

In 1864 there was a deficit of $39,326.80; in 1865, $46,- 
983.46; in 1866, $205,133.77; and, in 1867, when he first 
entered upon the duties of his office, $301,200.56. Thus, it 
will be seen, the deficit began in 1858, and continued each year, 
with the exception of 1859, un til the close of the fiscal year 
ending October 10, 1867. During that year the State bor- 
rowed from the Sinking Fund $350,000, which enabled the 
Revenue Proper to show a small balance in its favor in the 
Treasury on the 10th of October of that year. So, it will 
be seen, that in consequence of the deficits stated, the State 
was compelled to borrow from the Sinking Fund during the 
years 1 86 1 and 1867 the total sum of $650,000. 

It is true that after he went into office these deficits in the 
Revenue Proper continued from year to year, but it was not his 
fault. In each of his reports, after he went into office, he 
urged upon the Legislature the necessity of appropriate 
legislation to cover these deficits, but nothing was ever 
•done. Notwithstanding, he called their attention to the 
cause of these deficits, to-wit: the passage of the act of 



<n 



1 62 



D. HOWARD SMITH. 



March 7, 1876, reducing the rate of taxation for revenue 
purposes from twenty to fifteen cents on the one hundred dol- 
lars' zvorth of taxable property ; to the fact that the large sur- 
plus in the Treasury of the previous fiscal year was the result 
of large collections from the Federal Government on account of 
' ' war claims, ' ' which could not be relied on as a permanent re- 
source ; also the fact of the shrinkage in values incident to the 
embarrassments of the country at that time ; and the further 
fact of the large and continued increase in the expenses of the 
State, growing out of the increase of litigation and crime, the 
multiplication of the courts as a necessary consequence, and 
of asylums for the relief and protection of unfortunates, etc., 
which brought about the reduced, depleted condition of the 
Treasury. He also called the attention of the Legislature to 
the repeated frauds practiced on the Treasury in the way of 
fraudulent claims, etc., and urged upon them the necessity of 
the passage of a law to prevent these frauds.* 

Previously, in 1868, he prepared a most admirable Digest 
and Codification of the revenue and other laws of the State 
then in force, for the benefit of Commissioners of Tax, Sher- 
iffs, Clerks, Trustees of the Jury Fund, and other officers, 
calling their attention specially to their respective duties 
under those laws and urging upon them the necessity of 
a strict compliance therewith; if not, that they would be 
promptly and rigidly enforced. In this Digest special at- 
tention was called to the law in relation to claims, accompa- 
nied by a properly prepared form, which was required to be 
strictly followed before any claim was paid out of the Treas- 
ury. This was a means of saving much money to the State, 
which otherwise would have been lost. 

Had the Legislature acted upon his suggestions, instead 
of a deficit in the Revenue Proper, there would undoubtedly 

•'■See Auditor's Reports, 1868-1879, inclusive. 






LIFE, ARMV RECORD, AND PUBLIC SERVICES. 163 

have been a balance in the Treasury to the credit of this fund, 
as well as the Sinking Fund, at the end of his official term. 
This has t since been sufficiently demonstrated by the approxi- 
mate correctness of his estimates, previously made (which 
were afterwards relied upon and followed by his able suc- 
cessor in office), and by subsequent events. 

This was a most remarkable and creditable showing, and 
one which has found no parallel in the management of that 
office. Not only this, but during his long incumbency there 
were no defalcations or frictions in his office nor any of its 
branches. On the contrary, everything moved along like a 
well-ordered piece of machinery — smoothly, harmoniously, 
and to the best interests of the State. 

Bright as was his record as a soldier, it was excelled by 
his administration of this office, requiring the highest execu- 
tive and administrative, as well as financial ability. The fol- 
lowing high testimonial has been paid him by a distinguished 
Kentuckian, who, by reason of his position, was brought in 
frequent contact with him during his incumbency in office, 
both in a personal and business relation, and had, therefore, 
ample opportunities for forming a correct estimate of him, 
both as an officer and as a man : 

"As a State officer, Kentucky has never had his superior. 
Strictly honest in every effort to conserve the public good, 
of untiring industry, prompt to the minute in the perform- 
ance of every duty, rapid and clear in decision, his services 
will be long remembered and valued by the people. As a 
correspondent he has few if any equals, and his thorough 
system and office organization is a subject of general flatter- 
ing comment. He has surrounded himself with a corps of 
assistants and employes, who thoroughly understand his 
business, and the work goes on with unexampled smooth- 
ness. 

' ■ Kind-hearted almost beyond reason — generous to a fault, 



/ 



164 



D. HOWARD SMITH. 



he has never accumulated a fortune ; but he has always man- 
aged to live as a gentleman, and to friend or stranger his 

hospitable door is ever ajar." 

t 

After his retirement from the Auditorship, he purchased 
a farm near New Castle, in Henry County, and removed 
there with his family. Meeting with little success in farming, 
owing to the frequency of drouths in that section, and the 
then disorganized condition of labor, and finding that farm 
life, in this condition of things, required too much exposure 
and too many hardships for one at his advanced time of life, 
he sold his farm, and removed with his family to Louisville, 
where he resided at the time of his death. 

In the spring of 1882, and before his removal to Louis- 
ville, he was appointed by Governor Luke P. Blackburn one 
of the Board of Railroad Commissioners, which position he 
held until May, 1884. He was chosen chairman of the 
board, and his assistants were the Honorable Willis B. Ma- 
chen and Judge W. M. Beckner. 

On his removal to Louisville, he opened a law office, and 
resumed the practice of law, but finding it not sufficiently 
remunerative to support himself and family, owing to the 
overcrowded condition of the bar, and the disadvantage he 
labored under — of coming into a new field, and attempting 
to establish himself in business at his time of life, he was 
compelled to seek other means of support. He accordingly, 
on the election and accession of Mr. Cleveland to the Presi- 
dency, sought the appointment to the place of Collector of 
Internal Revenue for the Louisville district, but in this he 
was disappointed, though strongly indorsed for the place by 
many of the best known and most influential Democrats in 
the district and State. Fortunately, however, the successful 
candidate was his personal friend — a most excellent gentle- 
man, who very kindly tendered him a position as one of his 



LIFE, ARMY RECORD, AND PUBLIC SERVICES. 1 65. 

assistants in the department on a fair salary, which he ac- 
cepted and held at the time of his death. 

On the 15th day of July, 1889, he passed quietly away in 
the midst of his family, of heart failure, " full of honors and 
full of years." His death was so sudden and unexpected, it 
was a great shock to his family and friends. He had been 
complaining for some time of heart trouble, and had had his 
heart examined, but his physicians assured him there was no 
trouble of a serious nature, and he need have no apprehen- 
sions. Notwithstanding these assurances, he felt that his end 
was approaching, and had so expressed himself to his friends, 
on several occasions, also that he was prepared to go when- 
ever the fatal summons should come. This was a source of 
sweet consolation to his loved ones. 

He died as he had lived, a firm believer in the religion of 
the Lord Jesus Christ, and a member of the regular Baptist 
Church, with which he had been connected since 1848. 

After the usual funeral services at the family residence in 
Louisville, the Rev. F. H. Kerfoot, D. D., of the Southern 
Baptist Theological Seminary officiating, in a few appropriate 
remarks on his Christian life and character, assisted by his 
old friend and comrade in arms, the Rev. Joseph Desha Pick- 
ett, in an eloquent and just tribute to his life and character as 
a man, citizen, and soldier, the remains of the deceased were 
taken to Lexington, and laid away to rest in the family lot 
in the beautiful cemetery there — within the shadow of the 
home of his childhood and maturer years, and among the 
people he had served so faithfully and loved so well. 

"His life was gentle, and the elements 
So mixed in him, that nature might stand up 
And say to all the world, this was a man." 



APPENDIX. 



CAPTAIN GEO. W. HUNT'S REPLY TO FERRIS. 

Much has been written and published in the public jour- 
nals, from time to time, upon the death of General John H. 
Morgan, the distinguished cavalry commander of the Con- 
federate States Army, and although the writer of this was at 
or near the town of Greenville, Tenn. , the scene of this sad 
event, on the morning of September 3, 1864, when his be- 
loved commander lost his life, he has had no disposition to 
add anything to all that has been said until he met with the 
communication of F. P. Ferris, which was published in the 
columns of The Weekly Times. This article contains so 
many errors — so much that is absolutely false — that he has 
concluded to ask for a limited space in your columns, that 
he may tell what he saw and what he knows to have occurred 
on that dreadful morning. 

General Morgan commanded the Department of South- 
west Virginia during the summer of 1864. I* 1 the latter 
part of August he left Abington, Va., with the purpose of 
taking the field in person, and, after collecting all the avail- 
able troops in East Tennessee, of moving against the enemy, 
who had on several occasions recently raided that part of his 
department. His command, when collected and organized, 
was composed of Vaughn's Brigade of East Tennessee Cav- 
alry, commanded by Colonel Bradford, and Morgan's Brigade, 
commanded by Colonel D. Howard Smith. A battalion of 
artillery was connected with the command, under the charge 
of Captain Clark. 



1 68 APPENDIX. 



THE GREENVILLE CAMP. 

The town of Greenville was reached between 3 and 4 
o'clock in the afternoon of September 2, and while the 
command was halted in the streets, Captain C. A. Withers, 
General Morgan's Adjutant General, delivered to the several 
commanders the orders of General Morgan, stationing the 
troops for the night. It will be seen by looking at the map- 
that the Jonesboro Road, the road by which we had reached 
Greenville, enters the town on the east side, and after running 
through the town, leaves it on the west side, running thence 
directly west through the fortified position at Bull's Gap, 
which is fifteen miles distant from Greenville. North of this 
Bull's Gap Road, and running in a northwest direction, is the 
road leading from Greenville to Rogersville, and south of it 
is the road leading from Greenville to Warrensburg, which 
runs in a southwest direction, or a little south of southeast. 
As General Morgan had moved down with his command, a 
portion of the enemy's force — said to have been one regi- 
ment — had fallen back before him, following from Greenville 
to Bull's Gap Road, and, according to the report of the scouts, 
had gone into the Gap, where it was known General Gillem 
was, with his whole force. Those three roads, then — the 
Bull's Gap Road, running west, and the Rogersville and 
Warrensburg roads, running, respectively, northwest and 
southwest — were the roads that General Morgan wished the 
troops to guard. Captain Withers ordered Colonel Bradford 
to move, with Vaughn's Brigade, out on the Bull's Gap Road 
and camp and picket well to his front and to the left, includ- 
ing the Warrensburg Road. Colonel Smith was ordered with 
his brigade out on the Rogersville Road to encamp, as he 
might forage for his horses, and to picket to his front and 
right. Colonel Smith's Brigade was composed of Giltner's 
Regiment, numbering about 400 men, and two small bat- 



APPENDIX. 



169 



talions — one of old Morgan men and commanded by Cap- 
tain James E. Cantrill, and the other of men of Hodge's 
old Brigade and commanded by Captain Peter Everitt. Of 
these commands, Cantrill's was the nearest to town, being 
about four miles out, while Giltner was several miles further 
in the direction of Rogersville. Captain Clark was directed 
to station his artillery a short distance in rear of the town, 
near the road by which we had entered. General Morgan 
established his headquarters in the town at the house of Mrs. 
Williams. 

THE UNEXPECTED ATTACK. 

Colonel Smith had made his headquarters at the house of 
General Arnold, which was situated a little over one mile 
from the town, and between the Rogersville and Bull's Gap 
Roads, but nearer the latter than the former; indeed, the 
yard extended up to the foot of a hill, over the side of which 
ran the Bull's Gap Road. Just at daylight the next morning 
a courier knocked at the door of Colonel Smith's room and 
delivered to me (I was Acting Adjutant General of the Brig- 
ade) an order from General Morgan, directing Colonel Smith 
to hold his command in its present position until further 
orders and to send a scout in the direction of Rogersville. 
As I opened the door I heard the firing of musketry in the 
direction of Colonel Bradford's camp, which the courier said, 
when questioned, had commenced only a few moments be- 
fore. Colonel Smith's attention having been called to it, he 
stepped out on the porch and listened. It had rained through 
the night and was raining at the time, so we concluded that 
Colonel Bradford had ordered his men to discharge their guns 
for the purpose of reloading them. But as the firing seemed 
to be increasing somewhat, I drew on my clothes and walked 
out to the yard-gate, where I might hear more distinctly, there 
being there no obstruction to the sound by the outhouses and 

\2 



170 



APPENDIX. 



shrubbery. Before I could reach the gate, however, the 
question was decided, and there could no longer be any 
doubt that Colonel Bradford had been attacked. As I re- 
turned hurriedly to the house, I saw Colonel Smith leaving 
the room, and as he went down the porch I could hear him 
delivering to members of his staff orders for the officers com- 
manding the troops at the camps. Having entered the room 
and gathered up my papers, I, too, started for my horse, and 
as I went down the porch I heard firing in the town. This 
was the first intimation we had that the enemy had gotten 
into town. Those who had preceded me to the stable had 
left the door open and my horse had gotten into the 
lot. Before I could saddle and mount, after a chase of 
the horse which lasted some minutes, there came up the road, 
from the direction of Colonel Bradford's camp, a column of 
Federal troops, and as they passed they fired upon me. I 
supposed then, as I learned afterwards was the fact, Colonel 
Bradford had been driven from his position on the road and 
the enemy had passed through. 

REPULSED AND DRIVEN BACK. 

I rode rapidly around to the east side of town and there 
found Colonel Smith, with a few troops — those who had 
been the first to saddle their horses and ride from the 
nearest camp on the Rogersville Road, after having been 
aroused by the attack on Vaughn's Brigade. As it had 
been a complete surprise, the troops came in singly or 
in squads, and there was much confusion and disorder. 
We could see the Federal troops moving about through the 
streets in the town, and on the hillside, just beyond the town, 
we saw them standing in line and apparently in force. Colo- 
nel Smith was told by Captain Clark that a number of his men 
had been permitted to go into town, early in the morning, for 
the purpose of foraging, and as the enemy had been in town 



APPENDIX. IJI 



a considerable time and the men had not returned, he sup- 
posed they had been captured. Some of them had ridden 
artillery horses and he would not be able to man his guns. 
It was soon reported to Colonel Smith that the enemy was 
flanking him, and the command was ordered to move back. 
But about this time the enemy appeared outside of the town, 
driving the small force before them that had attempted to 
enter, and very soon forced the whole command back up the 
road. The command fell back slowly, and the enemy, after 
following a mile or two, gave up the pursuit. 

Now a few words as to the recollections of Mr. F. P. 
Ferris, as they appeared in The Weekly Times. Mr. Ferris 
has certainly succeeded in building up a very thrilling story, 
and doubtless many of your readers have read his eloquent 
chapters with great interest, but — as all those who partici- 
pated in that most unfortunate raid can tell you — he has fur- . 
nished very poor material for the future historian, and that 
therefore his communication is very ill-suited to the columns 
of your excellent paper. To follow him through his long 
article and notice all his misrepresentations and false state- 
ments of facts, would require far more space than could be 
allotted to me or than I could wish to occupy. I will, there- 
fore, attempt only to point out the most prominent errors. 

«• A WELL-LAID PLAN. 

The plan adopted by the enemy to capture or kill our be- 
loved commander had been well conceived, and there can be 
little doubt that information was borne to him by some one 
as to the position of General Morgan's forces and of his head- 
quarters. Much has been said about Mrs. Lucy Williams' 
connection with the matter. General Morgan's friends have 
believed that she was the bearer of this information and the 
Federals have denied that she was. But this ubiquitous per- 
son, who writes history for The Weekly Times, has finally 



172 APPENDIX. 



decided the matter, for he has detailed witli wonderful minute- 
ness almost every thought, word, and action of Mrs. Williams, 
from the time General Morgan dismounted at the home of her 
mother-in-law, in the afternoon, to the moment when she had 
led the Federal soldiers back from Bull's Gap to the streets 
of Greenville the next morning. 

It seems to have occurred to this eloquent contributor to 
the " Annals of the War, " while following his heroine through 
the mud and darkness on her long and lonely ride to the Gap, 
and her search for General Gillem and his subordinate after 
reaching there, and while narrating, with such astonishing 
minuteness, her long interview with them at the Gap, and 
the conversation with the officers as she guides them and their 
East Tennessee troops (men who had been born and raised 
in that very neighborhood and who knew the country a thou- 
sand times better than she did) through the fields and by-paths 
back to Greenville, I say it seems to have occurred to the 
historian that the reader might ask how it was that he, a sol- 
dier in Cantrill's Battalion, could narrate all this so exactly, 
for towards the conclusion of the thrilling story he informs 
us — within brackets — that he had " subsequently been told 
these things by this very officer." 

WRONGING HIS COMMANDER'S MEMORY. 

But it does not seem to have occurred to him once, while 
so graphically and minutely narrating all that transpired at 
Mrs. Williams' supper-table, how great injustice he was doing 
the memory of his General, as a prudent and sagacious com- 
mander, when he makes him give a pass through his lines to 
the woman who, according to his own statement in another 
column (and, by the bye, this is one of the few things in his 
long article that is correct), had been detected, a few weeks 
previous, almost in the act of bearing information to the 



APPENDIX. I73 



enemy as to the strength and position of his forces, and 
who, after detection and she had failed in her attempt, 
''had called down the vengeance of heaven upon General 
Morgan and vowed she would make him suffer." Every 
one who knew General Morgan knew him to be one of the 
most polite and gallant of men, but no one will believe for a 
moment that he ever allowed himself to be led into such an 
act as this. But this writer of romances asks that they be- 
lieve even more than this, for he unhesitatingly asserts that 
General Morgan actually furnished this woman with a horse 
to ride through his lines, thus enabling her the more effectu- 
ally to carry out any evil intentions she might have against 
himself personally, or against the cause he so much loved. 
We will see hereafter how much truth there is in the wild 
statement that this horse was obtained at the camp of Colonel 
Smith's Battalion. 

THE CASE PLAINLY STATED. 

The facts of the case are, I suppose, about these: Mrs. 
Lucy Williams was at the house of her mother-in-law when 
General Morgan and staff reached there in the afternoon, but 
some time during the evening her absence was noticed by one 
of the staff. Upon inquiry they learned that she had really 
gone, but were informed that when she left she said she was 
going out to the farm to get watermelons for the party. 
Knowing the woman's feelings and her past conduct, the 
staff suspected she might be in some mischief, and it was 
said that even her mother-in-law expressed her fears that 
her absence meant no good. This is the statement of facts 
made at the time, which I have heard frequently since, and 
which I have never heard contradicted. 

I question if. any one has ever been disposed to censure 
General Morgan for making his headquarters at the house 



174 



APPENDIX. 



of Mrs. Williams. I do not believe thai General Morgan 
himself questioned the propriety of his doing so, nor do I 
believe that the idea of changing his quarters once entered 
his mind. I can not conceive, therefore, why the writer 
should think it necessary — as he seems to have done — to the 
completion of his fanciful and overdrawn picture, that he 
should prepare the long and eloquent chapter in which the 
General is taken from his comfortable quarters in the town 
and made to seek others at the camp ; but when arrived there 
and advised by the doctor, solicited by his friends, and threat- 
ened by the clouds, he hesitates, and finally, rather than in- 
convenience the farmer and his sick family, he yields and 
returns to town. 



A RELENTLESS BUT UNINFORMED CRITIC. 

I can not speak with certainty, but I do not believe that 
General Morgan left Mrs. Williams' house that evening and 
rode to camp for any purpose. The troops he is said to have 
visited, and in whose camp he intended to make his quarters, 
were four miles out, and on a different road and in a different 
direction from that which he purposed to move the next morn- 
ing. I have no doubt it is true, as the writer himself says, 
that General Morgan anticipated no attack by the enemy, 
and I suppose he had every reason to believe that the troops 
had been stationed in accordance with his orders. I have 
already stated what these orders were, but let us see what 
the writer in The Weekly Times says about them. 

What should be thought of the soldier who, having as- 
sumed the role of historian and military critic, makes a labored 
effort to tell all he knows about an interesting and important 
military movement, in which he claims to have participated, 
and in which effort he assails his superior officers with relent- 
less severity, and yet does not know the position of the com- 



APPENDIX. 1/5 



mand to which he claims to have belonged ; does not know 
upon which of the several important roads his command was 
encamped ? This eloquent chronicler of the events of this 
sad day has either been guilty of this inexcusable ignorance 
or he has wilfully reversed the position of the troops for his 
own ends, and from the manner in which he has drawn upon 
his imagination and distorted the facts in other instances, the 
latter would not be an unreasonable conclusion, certainly. 

But he has done more than this. He seems to have 
thought it necessary that the reputation of one of these com- 
mands should be attacked, and hence, while assigning it a 
false position in the Jine, he has attempted to besmirch its 
reputation. I know no reason why I should wish to make 
a defense of Vaughn's Brigade, nor do I consider that it 
needs any. There were bad men connected with that com- 
mand as with all others. The brigade was constantly engaged 
in active service through the war, its operations extending 
from the Valley of Virginia to Knoxville, Tennessee. It was 
one of the last commands to surrender at the close of the 
war. After Lee's surrender it moved with our brigade 
(Duke's) to Charlotte, N. C, and was one of the five brigades 
composing the escort of President Davis from that place to 
Washington, Georgia, where the brigade was disbanded, after 
the President had left us, and only one day before our brigade 
was disbanded at Woodstock, Georgia. 

AROUSED BY THE FIRING. 

Mr. Ferris says: " Vaughn's Brigade was assigned to duty 
where the least danger was expected. Our brigade, consist- 
ing of the old Morgan men, were encamped on the main 
road to Bull's Gap, charged with picketing it and all inter- 
secting roads that might be utilized by the enemy in a night 
march upon us. Giltner's Brigade was on the right and 



I76 APPENDIX. 



Vaughn's on the left, thus planting our brigade in the center. 
Vaughn's line of pickets was confined to the extreme left, 
and really guarded but a single road. It was a road by 
which the enemy could reach Greenville in a circuitous way, 
and one that would, in the event of a general engagement, 
expose the Unionists to an assault upon their rear by either 
of our brigades to the right. Hence, our commanding offi- 
cer felt no fear of an approach by that road, and deemed it 
safe under the military guardianship of Vaughn's men. The 
precautions taken by our side were amply sufficient, but the 
limited confidence placed in the East Tennessee Brigade was 
the fatal mistake, as the sequel will show." 

I shall not tax the patience of your readers by saying 
much more upon this subject. It must have been seen from 
what I have said above, not only how untrue is all that I have 
quoted, but also how ridiculous. The writer has placed the 
main road to Bull's Gap — the center of the line and the post 
of danger — in charge of his own command, which, although 
composed of as good and true men as were in the service, 
was a small battalion, numbering less than 100 men, while to 
the right he has placed Giltner's Regiment (not a brigade, as 
he states), numbering about 400 men, and to the extreme 
left, on that road where the least danger was expected, was 
placed Vaughn's Brigade, numbering about 500 men. 

But the enemy did come, not by this circuitous way, the 
Warrensburg Road. The pickets on this road declared they 
saw no enemy that night, but were aroused the next morning 
by the firing in town. If the reader will cast his eyes upon 
the map I think he will see very clearly how the plan adopted 
by the enemy was executed. 

gillem's midnight march and attack. 
General Gillem moved out with his whole force from 
Bull's Gap, which is about fifteen miles from Greenville, 



APPENDIX. I// 



about midnight, and marched to Blue Springs, a point 
half way between the two places. Here a part of the 
command — one regiment, it has been said — turned off the 
road and moved through the woods and by-paths to Green- 
ville, keeping, all the way, between the Bull's Gap and 
Warrensburg roads. Gillem, having halted long enough at 
Blue Springs for the regiment to approach the vicinity 
of Greenville, moved up and attacked Vaughn's Brigade, 
which was in camp a few miles beyond, so that, while 
engaging this brigade and attracting the attention of the 
other forces of Generai Morgan, the regiment might dash 
into Greenville and accomplish its mission. These move- 
ments were all well-timed, for it was only a few moments 
after the attack upon Vaughn's Brigade, and the firing was 
heard there, that the enemy surrounded Mrs. Williams' house 
and the firing was heard in town. This I know. From the 
position I occupied at General Arnold's house, intermediate 
between the two points of attack, we could distinctly hear 
the firing at both places. That the reader might see how so 
short a time intervened, was the reason why I narrated so 
particularly all that transpired that morning at the house of 
General Arnold. That this regiment reached Greenville in 
the way I have indicated above, there can be no doubt. 
Aside from the statement of the pickets that they saw no 
enemy, we have the facts that troops leaving the Bull's Gap 
Road at Blue Springs, or at any other point in front of 
Vaughn's position, must necessarily travel a long and very 
circuitous route to reach the town by the Warrensburg Road, 
and if the troops that picketed that road had been far more 
worthless than Mr. Ferris says Vaughn's Brigade were, there 
would still have been danger that an alarm would have been 
given, and General Gillem, considering this fact, would have 
almost certainly dispatched his East Tennessee troops, who 
"knew the country well, by the other route. 



lyS APPENDIX. 



It may be asked why it was that the approach of the 
enemy by this way, which seems to have been so readily 
accomplished, and which, to the reader, may now appear so 
practicable, was not guarded against, either by the order of 
General Morgan or by Colonel Bradford under his order to 
picket to the left. Even had it occurred to either of them 
that the enemy would make so determined an effort to cap- 
ture or kill General Morgan, it must be remembered that it 
would have been a very difficult matter to have determined 
where to post a picket so that it could effectually guard against 
the approach of the enemy, to a country where there are no 
public roads and only a few by-paths or neighborhood roads. 

COLONEL SMITH'S TRUE POSITION. 

In no part of his long communication has the writer shown 
a greater disregard to the truth than in his violent attack upon 
Col. Smith. Colonel Smith was second in command to Gen- 
eral Morgan, and was actually commanding a brigade, yet 
Mr. Ferris says that he was in command of General Mor- 
gan's body-guard, and that this body-guard had been placed 
by General Morgan himself within a few hundred yards of 
his headquarters. He says that on the morning of Septem- 
ber 3, 1864, when the Federal troops charged into the town 
of Greenville and surrounded the headquarters of General 
Morgan, Colonel Smith, in command of General Morgan's 
body-guard, was standing within pistol shot of the head- 
quarters, with his command drawn up in line of battle and 
confronting the enemy, and yet refused to move to the rescue 
of his General, a terrible charge certainly. General Morgan 
had no body-guard, and Colonel Smith himself was over one 
mile from town, and on the opposite (the west) side from 
where this reckless writer places him — on the same side,, 
indeed, that the enemy entered. 



APPENDIX. I79 



As I have shown elsewhere, the enemy had entered the town 
and we had heard the firing before Colonel Smith had mounted 
his horse, and he had then to ride through a field to get to 
the Rogersville Road, and thence by that road and others to 
get to the east side of town, a distance of more than two miles. 
No cavalry had been stationed near town, so he had no troops 
at his command until those on the Rogersville Road could 
saddle their horses and ride to town. The nearest of these 
was Cantrill's Battalion, which Mr. Ferris claims to have 
belonged to, and which he says himself was four miles out, 
although he has placed it on another road. The only troops 
that madetheir appearance at Greenville that morning were 
the two small battalions of Cantrill and Everitt, together 
numbering about 150 men. 

Whether Colonel Smith should have charged into town 
after some or all of these troops had reached him, I shall not 
undertake to say. I make no pretensions to being a military 
critic. But this much I will say : I do not believe that he 
would have saved the life of General Morgan by doing so. 
I am satisfied that the moment when the regiment dashed into- 
town must have been almost simultaneous with the attack on 
Vaughn's Brigade, and we know it was the firing of the guns 
at Vaughn's camp that aroused both Colonel Smith and the 
troops on the Rogersville Road. 

All accounts agree in stating that the first seen or known 
of the enemy in town was when they were in the act of sur- 
rounding Mrs. Williams' house, and that the fatal shot was 
fired a few moments after. Gillem must have moved up to 
the west side of the town almost as soon as the commands 
on the Rogersville Road had reached the east side, for Colo- 
nel Bradford was driven from the road a few minutes after 
the first guns were fired. Immediately after the enemy had 
attacked his front a force appeared in the road in his rear, 



f8o 



APPENDIX. 



and it has been supposed that this was a portion of the force 
that had left the road at Blue Springs, and which had been 
instructed to drop into the road after getting to the rear of 
the camp. Neither Vaughn's Brigade nor Giltner's Regiment 
came to the town, but reached the Jonesboro Road four or 
five miles from Greenville. 



WHEN MORGAN WAS KILLED. 

Of course I can say nothing of the question about which 
so much has been written — whether or not General Morgan 
was killed after he had surrendered himself. Many of his 
friends have believed that he was. The house of Mrs. Wil- 
liams is surrounded upon three sides by the streets of the 
town, resting immediately upon and fronting one street, while 
a street runs upon each side of the house and the long garden 
in the rear of the house. When the Federals had surrounded 
the house and garden on three sides, General Morgan ran 
down from his room into the cellar, where he remained a few 
minutes and then moved out into the garden and attempted to 
hide in the grapevine arbor, but was soon discovered and shot 
b>y a soldier sitting on his horse in the street. There can be 
no question but that General Morgan's body was most shame- 
fully treated, for it was reported by those who witnessed the 
fact that the fence was torn down and the body dragged into 
the street, and then thrown across a horse and paraded about 
the streets of the town, and, according to some accounts, 
while life was yet in the body. 

I hope I have been successful in my effort, which was to 
make plain to your readers all the facts connected with the 
death of General Morgan, so far as they came within my 
knowledge. The writer of the communication in The Weekly 
Times seems to have been conversant with very few of the 
facts of this unhappy event. It has been seen how he has 



APPENDIX. 15 1 



made a brigade out of the few Morgan men with the com- 
mand, and that with Giltner's Regiment he has made another 
brigade, while the fact was this regiment and two small bat- 
talions, one of which was composed of Morgan men, formed 
but one brigade. Nor was he any better informed as to the 
position of the troops, and the manner in which the enemy 
evaded them, and succeeded in entering the town. Of the 
important roads the name of Bull's Gap alone is given, and it 
is doubtful if the name or the existence of either the Rogers- 
ville or Warrensburg roads was known to him. 

AX EVENT UNIVERSALLY DEPLORED. 

Or was it, as has been intimated above might have been 
the fact, that the troops were placed by him in such positions 
as might subserve his own purposes in the compilation of his- 
so-called history? Mr. Ferris seems to have set out with the 
purpose of showing that General Morgan was driven to his 
death by the incompetency and inefficiency of his subordi- 
nates, together with some circumstances over which he had 
no control, and that nothing that General Morgan himself 
did or left undone had anything whatever to do with bringing 
about this terrible result. To make this appear he has in 
some instances drawn freely upon his fertile imagination, and 
in others shamefully distorted the facts. To say the least of 
it, this attempt was wholly unnecessary. 

The death of our chief was an event almost universally 
deplored, and no one lamented more his untimely end than 
the writer of this, but he knows it was one of those events 
likely to occur to any general officer operating in the field. 
Such raids within the enemy's lines had been oftentimes 
attempted, and many had been successful, although none 
with such dire results. No chieftain on either side had been 
more universally successful in these attempts than he whose 
sad fate we have herein attempted to chronicle. 



182 APPENDIX. 



COLONEL SMITH'S REPLY TO FERRIS. 

Louisville, Ky., September 28, 1883. 
To the Editor of the Cincinnati Enquirer: 

During my absence on public business, a copy of your 
valuable paper of the 10th inst., containing a communication 
•over the name of F. P. Ferris, copied from the Philadelphia 
Times, in which I am attacked most violently, was put into 
my hands by a friend. 

Mr. Ferris, to the best of my recollection, is a man I never 
heard of before his communication appeared in print, and I 
know nothing of him now except as he reveals his character 
in the article referred to, and if the people of Kentucky and 
the true men of the late General Morgan's command were 
alone to read his slanders, I would treat him and what he has 
written with the contempt he deserves. 

I pronounce every thing of material import that he wrote 
for The Times, in so far as it relates to me and my official 
conduct on the morning of General Morgan's death, as with- 
out foundation in fact, slanderous, and cowardly. This man 
charges that, while I was second in command to General Mor- 
gan, I was put in charge of a battalion, which was placed 
about four hundred yards in the rear of Mrs. Williams' house, 
where General Morgan's headquarters were located, and that 
I was to act as the commander of the General's body-guard 
and to protect him in the case of an attack from the enemy. 
If I were next in command to General Morgan, why should 
I be placed in command of a battalion and in charge of his 
body-guard ? What nonsense and absurdity ! and what a re- 
flection at the same time on the justness of the General. He 
was a too nobl* spirit to attempt to dishonor me by putting 
me in charge of a battalion when I was entitled to the com- 
mand of a brigade. Further, he was too well acquainted 



APPENDIX. 183 



with me not to know that I should not willingly have sub- 
mitted to such treatment. No, the troops camped on the 
hill within four hundred yards of General Morgan's head- 
quarters, to protect him, as stated by Ferris, were not com- 
manded by D. Howard Smith, but by Captain Clark, and 
constituted no portion of the former's command. They were 
under the immediate orders of General Morgan himself, and 
had charge of his artillery. I did not see Captain Clark on 
that occasion or issue an order to him until after the death of 
General Morgan. All of Mr. Ferris' gush and stuff about 
what I said and did after I fell back on Captain Clark's camp 
is mere romance, a fiction of the imagination. It reads more 
like a tale from the li Arabian Nights" than history; in fact, 
there is but little truth in any part of his story. If he had 
not said in his article that he belonged to Morgan's old com- 
mand, it would be difficult for the reader to determine whether 
he was attached to the Federal or Confederate Army, for he 
seems to have known as much of what was going on at Gen- 
eral Gillem's headquarters as at General Morgan's on that 
fearful night when the plans w r ere laid for the destruction of 
•our knightly chief. 

44 Who is Mr. Ferris?" Echo answers, "Who?" He 
may have been one of those fellows who sought to "feather 
their own nests" in General Morgan's last (June, 1864) raid 
into Kentucky by their excesses, in the expectation that the 
General would, out of the abundance of his great heart, treat 
them leniently. I do not state this as a fact, because I do 
not know that such is the case. This much, however, I will 
•say, that General Morgan had in his command — especially 
after his escape from prison — some very wicked and insubor- 
dinate men, who did many vile things for which he was in 
nowise responsible. I do not propose to follow Mr. Ferris 
through his entire article, and thus dignify a slanderer and 



I84 APPENDIX. 



calumniator, but this much I shall, in conclusion, say: I was 
transferred, at my own request and that of my men, to Gen- 
eral Morgan's command in the latter part of February, 1863, 
and continued there (except while in prison) up to the day 
of his death. At Snow's Hill, Greasy Creek, Green River 
Bridge, Lebanon, where Hanson surrendered, and at Buffing- 
ton Island, in Ohio, where our great chieftain was overtaken 
by the enemy in overwhelming force, and where I covered 
his retreat with two small regiments — the Fifth and Sixth 
Kentucky Cavalry — and held the enemy in check until he 
escaped and retreated, nearly one week before his 5 capture, 
never one word of personal or official censure was uttered 
against me as a man or an officer. 

After General Morgan's escape from prison, and after my 
exchange on the 5th day of March, 1864, we met in the city 
of Richmond. Here he received orders to go on duty in 
West Virginia, and established his headquarters at Abing- 
don, where he instructed me to report to him, and where I 
very soon after joined him. He found his command a very 
small one (for most of his old division were in Northern pris- 
ons), and not well organized. But with his indomitable will 
and energy, he went to work and reorganized all of his old 
men that could be found and recruited others, and soon col- 
lected a very fine body of men, though I must say he was 
unfortunate enough to enlist a few of the worst men in the 
Confederacy, as the sequel showed, and who afterwards gave 
him great concern. 

But it is not my purpose to write a history of General 
Morgan's operations in West Virginia, or that of his raid 
into Kentucky (in June, 1864). Such a course is not neces- 
sary for the purposes of this communication. This much, 
however, I will say : That down to the close of that raid no 
word of censure or reproach was ever uttered against me, 



APPENDIX. 185 



personally or officially, so far as I have ever heard. Indeed, 
I know that I did my whole duty as a man and as a faithful 
soldier. It has, therefore, been reserved to Mr. Ferris, after 
the lapse of nearly nineteen years, to defame me and make 
the effort to destroy, by insidious falsehood and base detrac- 
tion, whatever little of reputation I may have acquired. I 
turn from him with scorn and contempt, as one unworthy of 
the smallest consideration. I need no defense among my 
friends, neighbors, and fellow-citizens who are acquainted 
with me. In Kentucky, where I was born and reared, and 
where I haye lived my entire life — now for more than sixty 
years — my reputation has been sufficiently vindicated again 
and again by public favors and trusts bestowed by the suf- 
frages of her citizens. 

Go your own way, Mr. Ferris, with your malice, false- 
hood, and vituperation. Here is the back of my hand to 
you as one unworthy of the consideration of a gentleman. 
Your obedient servant, 

D. Howard Smith. 



COLONEL J. B. BROWNLOW'S LETTER TO COLO- 
NEL SMITH. 

Washington, D. C, July 10, 1885. 

Colonel D. Howard Smith : 

Dear Colonel — Your letter of the 30th ult. was received, 
and I was glad to hear from you, and to receive The Phila- 
delphia Weekly Times of May 9, containing Captain Hunt's 
article. I am not a subscriber to the Times, but occasionally 
buy it, and it chanced that I got the paper containing Ferris' 
article. As soon as I read it I saw that gross injustice had 
been done you, in censuring you as being in the remotest 
degree to blame for the fatal result to General Morgan of the 
surprise of his command on the 4th of September. 1864. 

13 



1 86 APPENDIX. 



From my position, as commander of one of the Union regi- 
ments, and one-third of the entire Union force, I know no 
censure could justly be made of you for the result. In a 
word, I never knew such ridiculous stuff served up in the 
name of "war history" as Ferris' article. 

Captain Hunt's article seems to me to be substantially 
. correct, in so far as my knowledge and information extend, 
and his style is felicitous. He doe:* not state it upon his own 
authority, but as a rumor that the General's body was thrown 
upon a horse while he was still living. My information at 
the time, from the men who put his body on the horse, was 
that he was killed instantly, and as he was shot through the 
heart with a large ball, I have no doubt he had expired before 
the men could have torn down the fence and gotten to his body. 

General Gillem published letters, copies of which I have, 
written to him by Messrs. Withers and Rodgers of General 
Morgan's staff, to the effect that " General Morgan was shot 
while endeavoring to escape." However, I presume this will 
ever be a question of dispute between the actors on the two 
sides. 

Tire information I had from all the persons of the Wil- 
liams household, white and black, on the morning after the 
fight, was that General Morgan had not left the house for 
any purpose after his arrival there. He had ridden twenty- 
five miles that day over a bad road, from Jonesborough ; was 
weary, and not dreaming or suspecting an attack, it was but 
natural he should not leave the house during the evening. 

All this abuse of Mrs. Lucy Williams as "betraying" 
General Morgan, and piloting the Federal troops to Green- 
ville, is most unjust and false, as well as the charge that the 
attack was made because of information she sent to our head- 
quarters. There is not one word of truth in it. She neither 
came to our camp, nor sent the information which led us to 



APPENDIX. I87 



the attack. I say this, because I know the person who came 
to our camp on the day before the attack, and whose repre- 
sentations as to the strength of your command induced us 
to make the march. I know the person, and he is far more 
competent for such work than Mrs. Williams. 

With the exception of about one hundred and twenty- 
five of the Tenth Michigan Cavalry, all of our men were 
recruited in the region of country where your and our camps 
were. I don't believe there was a mile of either of the roads 
we took going to Greenville from which there was not one 
or more men in our brigade recruited. We had several hun- 
dred men as familiar with every part of the roads as you are 
with the rooms and halls of your private residence. There- 
fore, we didn't need Mrs. Williams or any other citizen as a 
guide. 

I will now tell you a fact, which, perhaps, you are not 
familiar with. When General Gillem's Brigade left Bull's 
Gap (now called Rogersville Junction) at about ten o'clock 
p. m., September 3d, 1864, to surprise the Morgan Brigade at 
Greenville, there was not a man in the brigade, from Gil- 
lem down, who knew that General Morgan had returned to 
Greenville. The person, whose information as to the strength 
of your forces led us to the attack, left Greenville several 
hours before General Morgan got there. It is eighteen miles 
from the Gap to Greenville. About seven miles from Green- 
ville, a white man was seen running from his cabin toward 
or in the direction of Greenville. We supposed him to be a 
Confederate sympathizer, hastening to inform your command 
of our coming. With shouts to him that we would shoot 
him, unless he stopped, he was brought to. It turned out 
that he was a friend of ours, a poor man with a small farm, 
who feared we were Confederates, and that we might harm him 
or conscript him into the army. It was not light enough for 



188 



APPENDJX. 



us to see more than the form of a man indistinctly, and 
he was too badly frightened to stop to see our uniform, lf r 
indeed, it was light enough. From this man we got the 
first information we had that General Morgan had returned 
to Greenville, and had stopped at Mrs. Williams'. Three 
miles from town we heard the same from a negro woman y 
named Mary Keenan, whereupon many of the Northern papers 
have claimed that ' ' the credit for the killing of the famous 
Confederate Cavalry leader was due to this noble colored 
woman." 

The white man who gave us the information left Greenville 
after General Morgan arrived at Mrs. Williams'. General 
Morgan had been dead at least an hour, and I think longer,, 
before General Gillem knew he was dead, and the information 
of his death was the first information General Gillem had of 
the fact that he had returned to Greenville at all. I gave 
him this information in the presence of at least half dozen 
of the men of my regiment, and of Captain Harry B. Clay, 
of Morgan's staff, who was my prisoner, and who is now 
living in East Tennessee. When I told Gillem he could 
not realize it, and thought I was jesting with him, and would 
not believe it until after I had reiterated it, and assured him 
that it was a fact. But the public at large suppose that the 
whole result, including the surrounding of the Williams resi- 
dence, for the capture or killing of General Morgan, was plan- 
ned and agreed upon by General Gillem when we started on 
the march. The suggestion to surround the Williams resi- 
dence and capture General Morgan originated with Captain 
Wilcox, a most daring and energetic officer, who led his 
company, and that of Captain Northington, to the house. 

The plan of General Gillem, when we started, was to 
surprise and rout Morgan's command, and though the fatal 
result to General Morgan was realized through the suggestion 



APPENDIX. 189 



of a simple captain to surround the house, yet this result 
made Gillem in a military point of view. Only a few weeks 
before, the United States Senate had refused to confirm Gil- 
lem's appointment as a Brigadier General of Volunteers. 
For, or because of the killing of Morgan, he was imme- 
diately confirmed Brigadier, soon after made Brevet Major 
General, and, subsequently, promoted from captain to colonel 
in the regular army. 

Another fact not published is, that Gillem supposed, when 
this attack was made, that Giltner was in command of the 
Morgan Brigade. 

I knew the uncle of General Morgan, the late Samuel D. 
Morgan, of Nashville, who died in the latter part of May 
or June, 1880, and a few weeks before his death I met him 
in Nashville, and he asked me to give him an account of the 
affair, saying he had never heard a statement from the Fed- 
eral side. When I concluded, he requested me to at once 
write him an open letter, through the Nashville American, 
repeating what I had told him ; but I had to leave Nashville 
the same evening and did not do so. 

For personal reasons, not necessary to mention, I have 
never made any publication. But at the risk of wearying 
you with this lengthy communication, I have given you some 
of the unpublished facts, supposing they would be interesting 
to you from your connection with the command, and if I 
ever have the pleasure of meeting you, as I hope to do, will 
give you the others. 

The brigade I belonged to was well drilled, better discip- 
lined than cavalry generally, and as well armed and equipped 
as any in the service. It was exceedingly lucky in the hour 
and manner of attack, in completely surprising Morgan's 
command, and if anybody is to blame for the surprise 
it was General Morgan himself, for not having, from the 



190 



APPENDIX. 



beginning of his career, more rigidly enforced discipline. 
Had this been done the pickets might not have been taken 
asleep. With all his virtues as a commander, I am satisfied, 
from all I have been able to learn of him, that he was not as 
rigid a disciplinarian as he should have been. But the sur- 
prise was so complete that neither Forrest, nor Sheridan, nor 
any other cavalry officer could have done, if in your place, 
what Ferris criticises you for not doing. 

As you say of yourself, I can say, that many of my warm- 
est friends served in the army I opposed. In fact, many of 
my near kindred were in it. I have never doubted that they 
did what they believed to be right, and I have no unkind 
feelings toward any man who honestly differs from me. 

Very respectfully, John B. Brownlow. 



APPENDIX. 



191 



INCOMPLETE ROLL OF FIFTH KENTUCKY 
CAVALRY, C. S. A. 

The following is an incomplete muster roll of enlisted men 
(privates) belonging to the several companies composing the 
Fifth Kentucky Cavalry, C. S. A., commanded by Colonel 
D. Howard Smith. These rolls having been prepared (since 
the war) by survivors of their respective companies, from 
memory only, are necessarily incomplete, and fall far short of 
the actual number of men enlisted. The names of many are 
not now known, and it has been impossible to obtain them. 
This is a matter of regret, but unavoidable. 



Company A. — (Woodford County, Ky). 



Allen, Carey, 

(Died in service at Sparta, Term., 
November, 1862.) 

Amsden, John L. 
Berryman, F. P. 
Babbitt, S. M. 
Brent, J. Harry, 
Bishop, R. V. 
Bohon, Joseph, 
Boone, Hezekiah, 
Boone, U. H. 
Brown, Ash S. 
Burch, Marion, 
Craig, James R. 

(Died in service at Sweet Water, 
Tenn., November, 1862.) 

Craig, John, 

Cooke, Brent, 

Coit, Gabe C. 

Cotton, Frank ("Tobe"), 

Dedman, Louis, 

Doggins, Sam C. 

Edwards, Waller L. 

(Killed at Marrow Bone, Ky., May, 
1863.) 

Edwards, Wm. H. 
Felix, A. L. 
Gaines, Noah H. 
Gardner, John, 



Gillespie, Charles E. 
Gorbutt, Joseph, 
Gormley, Thomas, 

(Wounded at Green River Bridge, 
July 4, 1863.) 

Graddy, Jesse, 
Gray, Albert, 

(Died a prisoner at Camp Douglas, 
Illinois.) 

Hall, William, 
Hall, Willis, 
Harrod, John, 
Hawkins, Thomas, 
Hawkins, Van H. 
Headley, James, 

(Killed at Green River Bridge, July 
4, 1863.) 

Hiffner, John, 
Hill, John, 
Hill, Jeff. 
Holt, Carney W. 
Hord, Ed. 
Jelff, William, 

(Died a prisoner at Camp Douglas, 
Illinois.) 

Johnson, Isaac, 

(Died in service, October, 1862.) 

Johnson, James C. 

(Wounded at Lebanon, Ky., Julv 

5, 1863.) 



192 



APPENDIX. 



Johnson, John Will. 
Johnson, Doc. 
Keaton, John, 
Kelly, Tom, 
Kelly, James, 
Lane, Leslie, 
Lillard, Eph. T. 
Lyons, George B. 
McChesney, John, 
McCrocklin, Columbus, 
McGee, John, 
McGee, Robert, 

(Died a prisoner at Camp Douglas, 
Illinois.) 

Mastin, Robert G. 
Mastin, George H. 
Miles, Samuel, 

(Killed at Green River Bridge, July 
4, 1863.) 

Moore, Samuel, 
Moore (" Little"), Samuel, 
Moore, Leon L. 
Nuckols, George, 

(Died a prisoner at Rock Island, 111. 

Orr, James A. 
Onan, George, 
Onan, Dennis, 

(Killed at Green River Bridge, July 
4, 1863.) 

Pates, Charles L. 
Pennington, James W. 
Rabb, James, 
Redd, Mordecai, 
Redd, Thomas, 
Scroggin, Ebenezer, 

(Killed while a prisoner at Camp 
Douglas, 111.) 

Scroggin, Alvin, 



Sellers, Joseph, 
Skillman, Charles L. 
Steele, John A. 
Stevenson, Charles A. 
Stucker, Sylvester, 
Stucker, Charles, 
Scearce, James, 
Stuart, Thomas L. 
Stoughton, Norton, 

(Wounded at Green River Bridge, 
July 4, 1863.) 

Terrell, Wm. H. 
Thomason, Edgar P. 
Thompson, G. F. 
Thompson, Wilson B. 
Thornton, David L. 
Thornton, Charles R. 
Tomelson, Samuel, 
Turtoy, William, 
Twyman, Buford W. 
Twyman, W. Redd, 
Tyler, Charles, 

(Died a prisoner at Camp Douglas, 
) 111.) 

Wasson, Charles E. 
White, Zack, 
Whittington, Hub, 
Whittington, Black, 

(Died a prisoner of war.) 

Williamson, Jeff. 

(Wounded at Green River Bridge, 
July 4, 1863.) 

Willis, Robert B. 
Winstandley, John, 
Wooldridge, Steve, 
Wooldridge, Andrew, 
Young, Lewis S. 



Company B. — {Scott County, Ky.) 



Arnspiger, Milton, 

(Drowned in service.) 

Abbott, J. N. 
Aubrey, F. M. 
Alsop, A. C. 
Bramblett, Jonas, 
Bramblett, Reuben, 



Bramblett, Green, 
Burns, George, 
Butler, J. M. 
Bridges, John W. 
Butler Marion, 
Carter, Henry, 
Chipley, James, 



APPENDIX. 



193 



Cannon, H. M. 
Cannon, Thomas, 
Crim, John, 

(Wounded in battle.) 

Crim, James, 

Crim, Charles, 

Curry, Andy, 

Crawford, John, 

Calvert, W. P. 

Calvert, John T. 

Douthitt, Thomas, 

Douthitt, William, 

Dougherty, William, 

Dougherty, James, 

Evans, D. A. 

Fisher, Brockenburry (Judge), 

(Killed at Green River Bridge. July 
4, 1863.) 

Fletcher, Jake, 
House, John A. 
Howard, Charles, 
Johnson, S. T. 

(Killed at Green River Bridge, Tuly 
4, 1863.) 

Johnson, Will. 
Johnson, John, 
Johnson, William, 
Jones, G. W. 
Laws, John, 
Leach, Kirk, 

(Killed in battle.) 

Lutrell, James, 
Lucas, Lon, 

(Killed in battle.) 



Long, John, 
Lindsay, S. K. 

(Died in service.) 

McDonald, Roe, 
Moss, Marion, 
Newton, Thomas, 
Onan, George, 
Prewitt, Henry P. 

(Drowned in service.) 

Prewitt, Levi, 
Perry, Gran. 
Perry, Green, 
Perry, Whit, 
Robinson, Sandford, 
Robinson, John, 
Rogers, K. 
Sinclair, Ben. T. 
Smith, Thad. 
Sutton, James, 
Tillett, Jesse, 
Thomasson, Alvin, 

(Drowned in service.) 

Thomasson, Joseph H. 
Tackett, Alex. 
Travlor, Jack, 
Triplett, S. B. 
Wingate, Lloyd, 
Wash, Notley, 

(Killed in battle.) 

Wigginton, Sandford, 
Watson, Larkin, 
White, James, 
Yates, William. 



Company C— (Bourbon County, Ky.) 



Allen, George, 
Batterton, W. W. 
Batterton, James H. 
Beck, Peter, 

(Killed in service.) 

Bedford, Hillory, 
Bedford, John, 
Bedford, Archie, 
Bedford, Aylette, 
Bedford, Thomas, 
Buckner, Aylette, 



Clay, Ike, 
Currant, Jesse, 
Currant, Newton, 
Currant, Will. A. 
David, W. H. 
David, Mike, 
Demitt, James W. 
Demitt, James H. 
Ewalt, James S. 
Fretwell, L. J. 
Green, Robert, 



1 94 


APPENDIX. 


Gregory, George, 


McCarney, Joseph W. 


Godman, Bud, 


McCarney, James W. 


Graves, James, 


Powell, Robert, 


Graham, James, 


Ravenscraft, L. 


Honey, Jesse, 


Ross, William, 


» (Died a prisoner of war.) 


Shawhan, Geo. H., Sr. 


Honey, John, 


Shawhan, Charles, 


Han Ian', Barney, 


Sprakes, James, 


Hoover, Buck, 


Sprakes, Ike, 


Haley, Henry, 


Smith, Noah D. 


Howard, Thomas, 


Stephens, Ambrose, 


Hickey, Levi, 


Sullivan, Press, 


Kiser, Bud, 


Surrizer, Sam. 


Keller, Green R. 


Tate, James T. 


Keller, George, 


Thomas, Keller, 


Kelley, Sim. 


Wilson, James H. 


(Died in service.) 

Kendall, William, 


Wilson, John, 
W T oodford, Buckner. 


Leer, Gano, 




Company D 


— (Gallatin County, Ky.) 


Ashwood, , 


Hickson, John 0. 


Bell, Webb, 


Hickson, Will 0. 


(Killed at Burksville, Ky.) 


(Killed at Battle of Greasy Creek, 


Bennett, Ham, 


Ky., May, 1863.) 


Bracht, William, 


Hendron, John, 


Bracht, Penn, 


Hutchinson, John, 


Bracht, Lewis, 


Kemper, David, 


Bracht, John, 


* Kemper, B. C. 


Bruce, Jeff. 


Kidrick, Samuel, 


Bruner, Moses, 


Kidrick, William, 


Craig, Thompson, 


Lillard, Joe S. 


Conley, Charles, 


Lindsey, George, 


Conley, Thomas, 


Lindsey, Valentine, 


Casselman, E. B. 


Lindsey, Jeff. 


Dethirge, Bird, 


Miller, William, 


Dorman, Martin L. 


Marr, Sam. 


Dorman, John, 


Marr, William, 


Dergeon, Marsh, 


Marr, John J., 


Dunn, Cal. 


McBee, Wm. 


Eliston, Robert, 


Paine, Newt. 


(Died in service at Fairfield, 


Tenn.) Peak, Henry, 


Eliston, Joe T. 


Peak, Elijah, 


Grimsley, William, 


(Died in prison at Camp Douglas,. 


Hamilton, John, 


Illinois.) 


Hays, Henry, 


Peak, David, 



APPENDIX. 



195 



Spencer, Robert, 
Spangler, Ed. 
Turley, J. T. 
Williams, Thomas, 
White, Jake, 
Webster, Joe, 
Webster, William T. 



Remington, Sam. 
Remington, Al. 
Skirvin, John, 
Skirvin, Al. 
Salmon, W. B. 
Storey, Frank, 
Swan go, J. R. 
Swango, Sam. 

The foregoing is not a complete list of Company D's original roll. That 
company had originally over 100 men, and I think no or 112 men. 

D. HOWARD SMITH, 

Company E. — {Scott County, Kentucky.) 



Chipley, James, 
Cooper, Daniel, 
Crumbaugh, John, 
Crumbaugh, Thornton, 
Daviess, James H. 
Duncan, Dudley, 
Duncan, John, 
Devers, Cal. 
Devers, John, 
Ewing, Thomas, 
Fightmaster, Marion, 
Graves, D. Howard, 

(Died in prison, at Camp Chase, 
Ohio.) 

Graves, John Wallace, 

(Killed in battle, at Greasy Creek, 
Kentucky, May, 1863.) 

Hinton, James, 
Hinton, Broomfield, 

(Died a prisoner of war.) 

Johnson, John T. 

(Promoted to Adjutant.) 

Johnson, William, 

(Died a prisoner of war.) 

Jarvis, John, 
McGrew, Barney, 
Moss, Richard, 
Moore, J. S. 



Moore, W. C. 
Neale, Joel M. 
Neale, James, 
Offutt, William N. 
Offutt, Marion, 

(Drowned in service.) 

Phillips, William, 
Pepler, Fred. 
Powell, Sanford, 
Price, Richard, 
Penn, John, 
Penn, James, 
Payne, Louis D. 
Price, John, 
(Killed in service.) 

Risk, Alf. 

(Died a prisoner of war.) 

Rogers, Barber, 

(Drowned in service.) 

Ross, Marion, 
Sellers, John, 
Southworth, Sim. 
Stone, Marshall, 
Tribble, Alex. 
Vallandingham, George, 
Weaver, Casper. 



f 



196 



APPENDIX. 



Company F. — {Anderson County \ Kentucky.} 



Aikins, Anderson, 
Brooks, Henry, 
Boggess, A. 

(Killed at Green River Bridge, 
July 4, 1863.) 

Burgan, Samuel, 
Black, W. B. 
Carlton, James, 

(Wounded at Lebanon, Kentucky, 
July 5, 1863.) 

Catlett, J. B. 
Cummings, William, 
Crossfield, T. J. 
Coke, Samuel, 
Coke, James, 

(Drowned in Caney Fork, Tennes- 
see, 1863.) 

Glass, William, 
Gee, J. P. 

(Transferred to Graves' Battery.) 

Herndon, D. W. 
Hockersmith, Alex. 

(Killed at Green River Bridge, 
July 4, 1863.) 

Hendren, Dick, 

(Died a prisoner at Camp Douglass, 
Illinois.) 

Lowens, Chilton, 
Lane, William, 
McDonald, J. W. 
Martin, John, 

(Died in service at Fairfield, Ten- 
nessee.) 

Mason, J. B. 
Morgan, V. R. 
Moffitt, John, 
McClain, William, 
Martin, G. A. 
Munday, R. S. 
McCormick, W. S. 



Mitchell, Newton, 
Mitchell, Black, 
Oliver, P. H. 
Oliver, Asa, 
Perry, Cris. 
Parker, John, 
Rumsey, Christopher, 
Roach, D. M. 
Richards, Joseph, 
Sherwood, Albert G. 
Stucker, Green, 
Stucker, J. H. 
Stucker, Lewis, 
Sheely, J. W. 
Sheely, James, 
Shelburn, Thomas, 
Stephens, Richard, 
Stephens, Frank. 
Stone, Watt, 
Switzer John, 
Thacker, James, 
Thacker, Al. 
Thacker, E. J. 
Thomas, P. H. 
Thomas, J. P. 
Taylor, Richard, 

(Killed in service.) 

Utterback, John, 
Wash, A. B. 
Watson, James, 
Watts, Fielding, 
Williams, Riley, 
Wash, B. A. 
York, William, 
York, Army, 

(Wounded at Greasy Creek, Ken- 
tucky, May, 1863.) 

York, Ben. 



APPENDIX. 



197 



Company G. — {Grant County y Kentucky.} 



Alphin, James, 
Agee, G. W. 

(Wounded at Green River Bridge, 
July 4, 1863.) 

Beagle, Ewel, 
Burkshire John, 
Batchell, Henry, 
Bradley, William, 
Clark, James M. 
Collins, John T. 
Campbell, Mit. 
Cunningham, James, 
Dejarnette, A. G. 

(Wounded at Mershon's Cross 
Roads, Kentucky, Oct., 1862.) 

Degman, Dick, 
Daugherty, John D. 
Frank, Nick, 
Fortner, James, 

(Died a prisoner of war.) 

Hubble, Weller, 

Jenkins, , 

Kendrick, Jos. L. 
Lucas, B. P. 
Landrum, R. W. 



Landrum, Thomas, 
Landrum, Richard, 
Langenaker, Henry, 
Langenaker, Perrin, 
Moon, George H. 
McNealy, Marsh, 
Reamer, Alfred, 
Sheriff, Alex. 
Sheriff, Andrew, 
Simon, Al. 

(Died a prisoner of war.) 

Simon, Fred. 
Summers, H. 
Tanner, C. W. 
Terrell, Sim. 

(Died a prisoner of war.) 

Terrell, Joshua, 
Terrell, Arthur, 
Tupman, Samuel, 
Utz, John P. 

(Died a prisoner of war.) 

Watts, William, 
Wortman, Commodore,. 

(Died a prisoner of war.) 



Company H. — {Anderson County, Kentucky.) 



Austin, R. P. 
Bowen, William, 

(Died a prisoner of war.) 

Coke, James, 
Crossfield, John, 
Dean, Phil. 
Edwards, Sam. 

(Wounded in service.) 

Gudgel, Elijah, 
Hardee, William, 

(Wounded at Snow's Hill, Ten- 
nessee.) 

Hockersmith, James, 

(Killed at Green River Bridge, 
July 4, 1863.) 

Jones, Miner, 
Kirk, Grif, 

(Died a prisoner of war.) 



Lane, Joseph, 
McClure, A. G. 

(Killed in service.) 

Mizner, Jordan, 
Moore, Dudley, 
Moore, Noel, 
Moffitt, John, 
Parrish, Milton, 
Rice, Thomas, 
Shryock, Reuben, 
Searcey, James M. 
Taylor, John T. 

(Died a prisoner of war. 

Taylor, Richard, 

(Killed in service.) 

Thompson, John, 
Vaughters, J. D. 



I98 APPENDIX. 




Warford, Will. Witherspoon, N. H. 




Walker, Randall, 




Captain E. S. Dawson, of Company H., says his company originally 




numbered about ninety men, but is unable to give a complete list now. 




( OlMT'M'MV ( n P T1*? f?ff fl fff > O" it f"~C O **/ V"f-T? Jsf"1lf"frr~"\' 1 




V^UiVl.r AIM 1 . \l\lll IILILLI L/C ^jUliL/CCUt olc r ft £\.c Ut/ULrvy . ) 




Allison, John, Hensen, Francis M. 




Beck, J. Elbert, Hughes, Alexander C. 




Brasher, John, Johnson, Samuel, 




Bozarth, Henry C. Linn, James C. 




Boydnott, Joseph, Linn, John T. 




Cannon, Elijah, Martin, Isaac H. 




Cannon, George, Marshall, John, 




Calvert, Wm. M. McElroy, Geo. H. 




Chappell, Hans, Oliver, Cornelius, 




Cummings, William, Patterson, Brook, 




Doom, Albert, Pool, James Monroe, 




Duvall, William H. Rodgers, John H. C. 




Edwards, James, Rodgers, John P. 




Gray, Greene, Stone, William J. 




Gore, J. B. (Flint.) (Severely wounded at Cynthiana, 




Gresham, Polk, „ r ??;: J n?e > l8 &) , * 




Gresham, William L. Waddlmgton, Charles. * 




* The above company was added to Colonel Smith's Regiment in June, 




1863. The commanding officer, Captain Ben. D. Terry, says that his com- 




pany at that time numbered about fifty men, but is unable to give a com- 




plete list now. 




# 





APPENDIX. I99 



DISSENTING OPINION IN COCHRAN vs. JONES. 

The undersigned, a minority of the Contesting Board in 
the case of Cochran vs. Jones, unable to reach the same con- 
clusions arrived at by the majority of that Board, feel it in- 
cumbent upon them to state, as briefly as possible, some of 
the reasons why they can not concur with their associates. 

Notwithstanding this Board is regarded as simply passing 
upon a question of contest, and therefore the proceeding does 
not partake of the nature of a prosecution in which the re- 
spondent is on trial for a criminal offense, yet the effect of an 
adverse decision to the extent of deprivation of the office is 
the same as a criminal conviction. Hence it is that we feel 
all the responsibilities of both judge and jury. Under the 
solemnity of this view of the questions involved, we can not 
pronounce the respondent guilty of the charge, for the fol- 
lowing reasons : 

First. From the testimony before us we do not believe 
that Thomas C. Jones, within the meaning of the Constitu- 
tion and laws, accepted a challenge to fight a duel, and there- 
by rendered himself ineligible to the office of Clerk of the 
Court of Appeals or forfeited the right to hold office. 

It is maintained on the one hand that — 1st. Jones verbally 
accepted a challenge to fight a duel with Dr. Hale, upon its 
presentation by Woodford; and 2d. That he subsequently 
did so in a note written by him and borne by Phil. A. Pointer 
to Woodford. 

On the part of the defense it is denied that the verbal re- 
sponse of Jones was an acceptance of the challenge of Hale 
within the purview of the law, and also that the note addressed 
by him to Woodford was not intended to be, and was not, in 
fact and law, an acceptance. 



200 



APPENDIX. 



As to the verbal answer, we desire to say that we dissent 
from the view that the verbal response of Jones was an accept- 
ance of the challenge, and that the constitutional and legal 
disabilities attached to Jones " eo instanti." 

Had the transaction terminated at this point, it might be 
tenable, but it is in evidence that Woodford declined to re- 
ceive the verbal answer of Jones as an acceptance, which he 
had the right to do, and which, in substance and effect, nulli- 
fied the response of Jones, and left with the understanding 
that an answer would be sent in writing. But even if it had 
not been annulled by the declination of Woodford, it would 
be unjust to conclude it to be binding on any one, consider- 
ing the circumstances under which the verbal response was 
made. 

Woodford's testimony on this point is as follows: In an- 
swer to interrogatory No. 4, in his examination in chief, he 
says: "I delivered Dr. Hale's note to T. C. Jones; found 
him in company with W. N. Sweeney and asked him if he 
accepted. He said he did, and turned to Mr. Sweeney and 
asked him to act as his friend. Mr. Sweeney replied : ' I can 
not do so, Jones, as it will debar me from the practice of law/ 
I then said to Jones : ' I can not accept a verbal answer to 
Dr. Hale's note.' He then said: 'As soon as I can procure 
a friend, I will communicate with him.' In about an hour 
from that time P. A. Pointer came to me in Dr. Hale's office 
and delivered the following note, etc. : 

" ' June 6th, 1869. 

"'Mr. IV. Woodford: 

" 'Mr. Phil. A. Pointer is my friend. Any arrangement 
you may make with him will be entirely satisfactory to me. 
" 'Yours, etc., T. C. Jones.'" 



Again, on cross-examination, in reply to interrogatory 
No. 21, Woodford says in regard to the same interview: 



APPENDIX. 201 



"When I entered the room of Jones he was sitting at table 
eating his breakfast, and Sweeney was near. When I handed 
him (Jones) Hale's note he read it, and turned to Sweeney 
and said : ' Will you act as my friend in this matter?' Swee- 
ney answered and told him that he could not do so, as it 
would debar him from the practice of law." 

In response to a question as to Jones' manner when he 
received the challenge, he says: "Jones seemed to be very 
much excited and very much flurried." 

This evidence seems to show that Jones impulsively gave 
an answer accepting the challenge, but that, Woodford de- 
clining to receive the same, and demanding one in writing, 
Jones had time to reflect, and resolved on a different course. 
Mr. Sweeney testifies that, in addition to informing Jones 
that he could not take any part in a duel on account of the 
disabilities it would impose on him as a lawyer, he read to 
Jones the constitutional and statutory provisions which would 
* affect him (Jones) if he accepted the challenge. 

The whole tenor of Jones' subsequent conduct, including 
his note to Woodford, shows that Sweeney's suggestions on 
this point determined him not to accept the challenge. He 
was holding the office of Clerk of the Daviess County Court 
and a candidate for re-election. Finding that participation in 
a duel would not only disqualify him as a candidate, but for- 
feit the office he then held, he sent for his friend Pointer and 
made known to him the facts, telling him he could not and 
would not accept a challenge to fight, and requested him to go 
and see Woodford and "try and do away with the matter," 
giving him a note empowering him to act for him. 

The testimony of Pointer upon these points is explicit 
and stands unimpeached. Equally so is his statement that 
in his negotiations with Woodford and Hale he first tried to 
settle the difficulty amicably, but finding them bent on a fight,. 

14 




202 APPENDIX. 



he transcended his authority by accepting the challenge, with 
the determination to conceal, and did conceal, the fact from 
Jones, as his testimony shows, and take his place, if neces- 
sary, in the duel. 

It is impossible to disregard this statement of Pointer, 
presented to us, as it is, as the testimony of a witness of 
high character, deposing under all of the responsibilities and 
solemnities of an oath. 

If, therefore, Jones gave instructions to Pointer that he 
was only to direct his efforts to a settlement of the pending 
difficulty without a duel, and not to commit him to the ac- 
ceptance of a challenge, as we are bound to believe, then we 
must acquit Jones of the charge of having, through Pointer, 
accepted a challenge. Although while he (Pointer) may be 
said to have been an agent of Jones, yet it can not be suc- 
cessfully maintained that the law of contracts in a case of 
this kind can be properly applied. The old legal maxim, 
" qui facit per aliam facit per se," does not apply to crimes 1 * 
and misdemeanors, except in conspiracies, and, in a qualified 
sense, to accessories before the fact. 

Jones is not amenable to the law for the criminal acts of 
Pointer. His responsibility must be judged by his own acts 
and intentions, interpreted by the rules of evidence recog- 
nized in courts of law, and not by the technical rules of the 
so-called Code of Honor. 

The note of Jones, borne by Pointer to Woodford, must 
not be adjudged an acceptance of the challenge merely be- 
cause its language may assimilate to that sometimes used by 
duelists. It must be interpreted by the light of the circum- 
stances under which it was sent, and it is competent for Jones 
to explain its intent and meaning by oral testimony. In sup- 
port of this view reference is made to the case of The Com- 
momvealth v. Pope, reported in 3d Dana, 420. In that case 



APPENDIX. 203 



the Court say: "The communications in writing constitute 
only one species of evidence of the fact that an unlawful 
challenge has been given or accepted ; they may not consti- 
tute the whole, or the only, or even the most direct and 
explicit proof. They may, therefore, when they exist, be 
explained by or applied or aided by oral evidence, as was 
decided in the case of The Commonwealth \. Hart" 

So, therefore, while the verbal answer is explained by the 
subsequent writing, the note borne by Pointer to Woodford 
is sufficiently explained by the oral testimony of Pointer and 
others in the record. 

The inquiry as to the guilt of Jones can not be confined 
to any one act or expression of his, nor can he be deprived 
•of the benefit of all the testimony which may go to show the 
real facts in the case, or to throw any light upon the subject. 
The proceedings, from the inception of the difficulty to its 
termination, must be taken as a whole, and the acts, from the 
first interview between Jones and Woodford, regarded as a 
part of the res gestce. The case must be considered as an 
-entirety, and the evidence weighed and considered in that 
view. This we have endeavored to do, and the result is, 
that we have reached the conclusion that Jones was not 
guilty, as charged, of having accepted a challenge to fight 
a duel. 

Second. But even if the testimony were more direct and 
positive, we do not feel that we could join in the opinfon that 
it would be competent for this Board to deprive the re- 
spondent of the office he now holds except upon conviction 
for the statutory offense, after due trial before a jury of his 
peers. 

The statute creating this Contesting Board empowers it to 
determine whether the person returned is " legally qualified." 
(See Gen. Stat., pat. 8, sec. 1, art. 7, chap. 33, p. 388.) It 



204 APPENDIX. 



does not constitute a court of original jurisdiction to inquire, 
either by information or indictment, into any disabilities 
which the person returned may have incurred by reason of 
the violation of any positive law. The legal qualifications, 
which it is the province of this board to determine, are those 
prescribed by the Constitution in article 4, section 12, which 
is as follows : ' ' No person shall be eligible to the office of 
Clerk of the Court of Appeals, unless he be a citizen of the 
United States, a resident of the State two years next prece- 
ding his election, of the age of twenty-one years, and have a 
certificate from a judge of the Court of Appeals, or a judge 
of the Circuit Court, that he has been examined by the 
clerk of his court, under his supervision, and that he is 
qualified for the office for which he is a candidate." 

This Board are unanimous in their opinion that the 
respondent Jones has all the prerequisites named in this sec- 
tion, and was, therefore, eligible at the time of his candidacy 
so far as his legal qualifications are defined in this section. 
But it is claimed that he is disqualified by reason of having 
accepted a challenge to fight a duel. Of this charge the 
respondent has purged himself by taking, in open court, the 
oath prescribed by the Constitution. It is proper, however, 
that we should say, in this connection, that the majority of 
the Board are of opinion that the transcript of the record of 
the Court of Appeals filed in this case, showing that Jones 
took the constitutional oath when he qualified as clerk of 
said court on the 8th day of September, 1874, is incompe- 
tent evidence, and was excepted to upon the trial of this case, 
and the exception was sustained by a majority of the 
Board, and it was excluded by them. But we are of 
the opinion that it was and is competent evidence. The 
offense charged is one denounced by the Constitution and 
by statute as a crime. The penalty specifically fixed in the 



APPENDIX. 205 



former is deprivation of the right to hold any office of honor 
or profit in this Commonwealth, to which the statute adds 
fine or imprisonment and loss of suffrage for seven years. 
Much has been said of the terms ''qualifications" and "dis- 
qualifications," as used in the Constitution, and it is argued 
with no little plausibility that they are correlative terms. But 
from this view we are compelled to dissent. A qualification 
for an office is a positive requirement, the absence of which 
renders one ineligible, as, for example, the want of citizen- 
ship, residence, proper age, and the possession of a cetifi- 
cate. These being possessed, the law presumes that the 
party claimant is qualified — and he is qualified unless he has 
committed some act which has worked a forfeiture of his 
right to hold office. 

Disqualification, on the other hand, implies, by its very 
derivation, the previous possession of the qualification; and 
this being the case, we maintain that a party once invested 
with this right can not be deprived of it except by due pro- 
cess of law. Disqualification is not the mere absence of 
qualification. The inseparable participle dis implies "pri- 
vation," and the framers of the Constitution adhered strictly 
to this philological distinction ; for, it will be seen that, in 
defining qualifications for office, they invariably provided that 
" no person shall be eligible " to office unless he possesses 
certain enumerated prerequisites. Persons are disqualified for 
bribery, perjury, forgery, or other high crimes and misde- 
meanors, conviction for which is a necessary condition pre- 
cedent before exclusion from office can follow. 

In the case of dueling the provision of the Constitution in 
section 20, article 8, is as follows: "Any person who shall, 
after the adoption of this Constitution, either directly or 
indirectly, give, accept, or knowingly carry a challenge to any 
person or persons, to fight in single combat with a citizen of 



206 APPENDIX. 



this State, with any deadly weapon, either in or out of the 
State, shall be deprived of the right to hold any office of 
honor or profit in this Commonwealth, and shall be punished* 
otherwise in such manner as the General Assembly may pre- 
scribe by law." 

Thus it will be seen that, according to any fair con- 
struction of the Constitution, dueling is classed as a crime,, 
and the penalty inflicted, in part, is to disqualify the persom 
guilty from holding office; and if a crime, as contended for, 
we maintain that, both under the Constitution of this State 
and of the United States, the party must be indicted by a 
Grand Jury and convicted by a jury of his peers. 

To strengthen the foregoing construction we will state 
that the Revisors of the Statutes, appointed immediately 
after the adoption of the Constitution, two of whom, ex- 
Governor Wickliffe and Judge S. Turner, were among the 
ablest members of the Convention that framed that instru- 
ment, incorporated into our laws the following provisions, 
to-wit : 

"i. Whoever shall challenge another to fight in single 
combat or otherwise, with any deadly weapon, in or out of 
this State, shall be imprisoned from three to twelve months, 
or fined five hundred dollars, or both. 

"2. Whoever shall accept any such challenge shall be 
imprisoned from one to six months, or fined two hundred 
and fifty dollars, or both. 

"3. Whoever shall knowingly carry or deliver any such 
challenge, or consent to be a second to either party in any 
such duel, shall be imprisoned from ten to thirty days, or 
fined one hundred and fifty dollars, or both. 

' ' 4. Any person convicted of either of the offenses named 
in the three previous sections, shall forfeit any office he may 
then hold, and be excluded from and held disqualified from, 



APPENDIX. . 207 



receiving and holding any office, and also from exercising 
the right of suffrage within this Commonwealth for seven 
years after the date of his conviction." (General Statutes, 
chapter 29, a?'t. 20, page 350.) 

Now if the Constitution was intended to execute itself, as 
was very ably and learnedly contended for, why was it that 
the 4th section of the law just quoted was incorporated into 
our Criminal Code? Most manifestly because it was under- 
stood by the Legislature, and the framers of the Consti- 
tution, that the disqualifying clause of the Constitution could 
not be made effectual without indictment, trial, and convic- 
tion of the person charged. 

Numerous authorities have been cited and relied on to 
sustain the doctrine opposed to that laid down above, and 
among the cases quoted are those of Hall vs. Hostctter, 17th 
B. Monroe, and Morgan vs. Vance, Ajh Bnsh. In the first case 
we are unable to see any analogy between it and the case 
under consideration ; and the latter opinion quoted is, in our 
judgment, mere obiter dicta — the principles involved in the 
contest between Cochran and Jones not being before the 
Court. If it has any application at all to this case, it is only 
so far as it implies the necessity of taking the dueling oath 
in order to discharge official duty, and this has been done by 
respondent Jones, as before stated. 

Regarding, therefore, the provision of the Constitution 
and the statute depriving parties to a duel of the right to 
hold office as prescribing a punishment rather than imposing 
a qualification, we hold that in no tribunal except the con- 
science of the party from whom the oath is required, can this 
case be tried or a penalty inflicted other than in a court of 
law. Otherwise, the party charged is deprived of two of the 
most sacred and inalienable rights belonging to an American 



208 APPENDIX. 



citizen, to-wit: the right of trial by jury, and the right to 
hold office conferred upon him by the people. 

D. Howard Smith, Auditor. 

James W. Tate, Treasurer. 



MEMORIAL RESOLUTIONS ADOPTED BY THE 
" KENTUCKY SOCIETY OF THE SONS OF THE 
AMERICAN REVOLUTION," AT THEIR FIRST 
ANNUAL MEETING. 

[Courier-Journal, October 20, 1889.] 

Recently — that is, within the past year — there has been 
organized in this State a branch of the Sons of the American 
Revolution, an organization designed to keep alive the pa- 
triotic spirit which animated the men who entered the Con- 
tinental armies, and successfully combated the well-armed 
and equipped legions of Great Britain, as well as to preserve 
all records attainable of matter pertaining to the great revo- 
lutionary struggle, promoting at the same time, social inter- 
course among its members. 

The Kentucky branch of this institution held its first 
annual meeting yesterday at the Board of Trade rooms, the 
day being the anniversary of the surrender of Lord Corn- 
wallis at Yorktown, Virginia. The officers, who were all 
present, were: 

President — William Lindsay, Frankfort. 

Vice President — E. Polk Johnson, Frankfort. 

Secretary — John W. Buchanan, Louisville. 

Treasurer — Grant Green, Frankfort. 

Registrar — Ed. Porter Thompson, Frankfort. 

Historian — T. M. Green, Maysville. 



APPENDIX. 



209 



Board of Managers — Dr. A. J. Gano, Scott County; Ben. 

C. Allin, Mercer County; John C. Russell, Dr. Thomas M. 
Grant, Captain H. I. Todd, Major L. E. Harvie, George A, 
Lewis, William H. Murray, W. H. Ayerill, M. D. Averill, 
Hon. Ira Julian, and Alex. Julian, Frankfort; Governor S. 
B. Buckner; I. C. Bartlett, Louisville, and Captain Lewis 
Buckner, Louisville. Two of these gentlemen were placed 
on the board instead of Colonel D. Howard Smith and Colo- 
nel James F. Buckner, both deceased. 

Two committees had previously been appointed to pre- 
pare papers expressive of the sense of the society in regard 
to the death of two of its most prominent members — Colonel 

D. Howard Smith and Colonel James F. Buckner. 

Judge W. P. D. Bush, from the committee appointed 
on Colonel D. Howard Smith's death, offered the following 
report : 



The committee appointed September 18, 1889, to draft 
resolutions on the death of Colonel D. Howard Smith, make 
the following report : 

Whereas, For the first time since the organization of the 
Society of the Sons of the Revolution in Kentucky, death 
has invaded our membership and taken from us one of our 
most illustrious comrades, Colonel Dabney Howard Smith, 
who died at his home in Louisville, July 15, 1889; therfore, 

" Resolved, That in the death of Colonel Smith we recog- 
nize a great loss, not alone to his family, his friends, and this 
society, but to the Commonwealth of Kentucky, which he 
so long and so faithfully served as legislator, Auditor pf Pub- 
lic Accounts, etc. 

"Resolved, That it is the sense of this society that our 
deceased comrade embodied in his daily life and in his official 
career those high characteristics which have made Kentucky 
illustrious, and gained for her sons the highest meed of praise 
wherever they have gone ; and whether in private life or pub- 
lic station, upon the field of battle, or in the peaceful pur- 



2IO APPENDIX. 



suits that succeeded the late war, in which he gained renown 
among those who knew him best, he was ever the same plain, 
unassuming gentleman — a native Kentuckian of a type 
worthy of remembrance and recognition wherever it may be 
found. 

' - Resolved, That these words, penned by one who knew 
him well and loved him, are a true reflex of the estimate in 
which Colonel Smith was held wherever he was known, and 
they are made a part of these resolutions, to-wit : 

1 ' Colonel Smith was a man of great purity of life, en- 
dowed with a handsome person and cordial address, and im- 
pressed every one with whom he came in contact with a sense 
of his merit as a gentleman of intellect and personal worth. 
He was strongly attached to his friends, whose number was 
co-extensive with the State, and was held in bonds of equal 
friendship by all who enjoyed his intimate acquaintanceship. 
In all the elements which go to make up a noble character 
he was highly gifted, and in his death Kentuckians and Ken- 
tucky lose a typical son and brother, while to his family the 
loss of an affectionate husband and father is indeed irrepar- 
able. 

"Resolved, That these resolutions be spread upon the 
records of this society, and that a copy thereof be for- 
warded by the Secretary to the family of our deceased 
comrade. " W. P. D. Bush, 

" E. Polk Johnson, 
1 ' Grant Green, 

" Committee." 

This report was adopted by a unanimous rising vote, and 
requested to be published in the daily papers in addition to 
being spread upon the minutes. 



APPENDIX. 211 



MEMORIAL RESOLUTIONS ADOPTED BY THE 
GENERAL ASSEMBLY OF KENTUCKY. 

The following memorial resolutions * were unanimously 
adopted by the General Assembly of Kentucky, session 
1889-90: 

Whereas, Since the adjournment of the last General As- 
sembly the Hon. D. Howard Smith departed this life at his 
home in Louisville, Ky. ; be it 

Resolved by the General Assembly of the Commonwealth of 
Kentucky \ That in the death of D. Howard Smith Kentucky 
lost one of her most patriotic servants, who had been dis- 
tinguished in the councils of State and in the field ; faithful 
to every public trust ; equal to every occasion, and true in 
all the relations of private life. 

That this resolution be entered on the journal of the Gen- 
eral Assembly and that the Secretary of State have a copy of 
the record engrossed and transmitted to the family of the de- 
ceased in expression of our common loss. 

This resolution to take effect from and after its passage.